Tire store argues for removal from property damage and seizure action

By Nicholas Malfitano | Oct 1, 2015

Howard D. Popper  

PHILADELPHIA – Following a prior approved continuance from the Philadelphia County Court of Common Pleas, a petitioner who believes it was falsely named in a property damage suit has the chance to be stricken from the case.

Philadelphia-based CJ’s Tire & Auto filed a motion on July 8 to stay a writ of execution on a pending property action against Acme Storage. It is “seeking to the aforementioned stay of execution and the setting aside of the writ of execution, service, sheriff’s levy, and being stricken from all proceedings.”

On March 11, 2014, the Court found a default judgment in the amount of $3,331.00 against CJ’s Tire & Auto. In response, CJ’s Tire & Auto explained though it and Acme Storage occupy the same property on Old York Road, Acme had no employees and was merely a storage facility renting space when this lawsuit began. 

CJ’s Tire & Auto claimed it brought this to the attention of plaintiff counsel on Dec. 22 of last year, but the Court issued a writ of execution and sheriff’s levy against the Old York Road property.

When CJ’s Tire & Auto attempted to further clarify the situation, it claimed it was told by the sheriff’s office on July 7 that since they were a defendant in the lawsuit, the property claim they filed was being rejected.

According to defense counsel, “Permitting levy and execution to satisfy a judgment against a separate entity is illegal and inequitable.” 

A hearing in this matter was set for Sept. 3, but the continuance moved it back to this past Tuesday at Philadelphia City Hall, in Court chambers.

Nationwide Insurance Company of Harrisburg insured a 1999 Honda CRV owned by Philadelphia resident Ashley Colon, a vehicle involved in a motor vehicle accident on Nov. 16, 2013, at the intersection of 18th Street and Stenton Avenue in the city.

Defendant Acme Storage towed the vehicle and billed Nationwide Insurance $1,270.00. Nationwide cited Philadelphia’s City Towing Code as its rationale for arguing why the payment should instead have been $330.00.

Through subrogation, Nationwide Insurance further asserted it was entitled to recover actual damages of $940.00, exemplary damages of $2,000.00, reasonable attorney’s fees, costs and other relief as the Court deems fit.

Moreover, the plaintiff is seeking a sum not in excess of $50,000, plus interest and costs.

The plaintiff is represented by Eleanor C. Good of the Law Offices of Snyder & Barrett, in Philadelphia.

The petitioner is represented by Howard D. Popper of Popper & Yatvin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 131202913

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

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