No response to garnishee interrogatories should result in judgment, plaintiff says

By Nicholas Malfitano | Oct 23, 2015

Philadelphia County Court Of Common Pleas  

PHILADELPHIA – A plaintiff attorney in a slip-and-fall negligence case filed a motion seeking judgments against the action’s garnishees for not responding to interrogatory documents.

A judgment had been found for the plaintiff on Jan. 8 for $32,500.00 and $750.00 in counsel fees, and David H. Denenberg filed a motion for collection of said judgment on Aug. 10. 

On Sept. 3, Philadelphia County Court of Common Pleas Judge Linda Carpenter scheduled a hearing for the garnishees to show why judgments shouldn’t be entered against them, for failing to respond to garnishment interrogatories from June 5 within the 20-day limit prescribed by law.

A hearing in this matter was set for Wednesday at Philadelphia City Hall, in Court chambers.

On June 14, 2013, Thomas was walking east on the south side on Mount Vernon Street in Philadelphia, when she tripped on a hole where the cement curb met the blacktop, near the intersection of 38th & Mount Vernon Streets, the complaint says.

Thomas filed suit against Larry Brown, Ivan Stanton, Gonzalez Grocery, Inc. and the City of Philadelphia, and believes the collective negligence of the defendants was the cause of her fall.

Thomas incurred a total of $13,887.00 in medical expenses, to the following agencies:

- Mercy Hospital: $1,649.00

- Penn Del Rehab (Physicians): $500.00

- Penn Del Rehab (Physical Therapy): $5,588.00

- MRI of Bala Cynwyd: $6,150.00

The plaintiff is seeking judgment from each of the defendants for an amount in excess of compulsory arbitration limits, and believes she is obliged to recovery for care costs under the Pennsylvania Political Sub-Division Tort Claims Act.

The plaintiff is represented by John R. Sereda of Baginski Mezzanotte Hasson & Rubinate, Michael-John Goodnow of Matkoff Shengold Burke Blyweiss & Arbiter and David H. Denenberg of Abramson & Denenberg, all in Philadelphia.

The defendants are represented by George Vokolos and E. Laurence Kates of Mintzer Sarowitz Zeris Ledva & Meyers and Derek R, Kane, also all in Philadelphia.

Philadelphia County Court of Common Pleas case 131201546

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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