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HomeMy WebLinkAbout02-5160COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-02 ROBERT V. MAN-LOVE Add ..... 1901 STATE STREET CAMP HILL, PA (717) 761-0583 17011-0000 PFB MEMBERS SERVICE CORP PO BOX 8736 CAMP HILL, PA 17001'8736 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~FB MEt~BERS SERVICE CORP PO BOX 8736 CAMP HILL, PA 17001-8736 VS. DEFENDANT: NAME and ADDRESS rAL'S TIRE OF NORTHEi~N CAMBRIA INC ~ 908 40TH ST NORTHERN CAMBRIA, PA 15714 Docket No.: CV-0000347-02 Date Filed: 7/22/02 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) DEFAULT a*UD~M~qT PLTF AT,~ TT~ OF NORTHRRN ~AM~WTA TNC in the amount of $ on: (Date of Judgment) ] Defendants are jointly and severally liable. E~ Damages will be assessed on: [~ This case dismissed without prejudice. ]Amount of Judgment Subject to Attachment/Act 5 of t996 $. [] Levy is stayed for__days or [] generally stayed. D Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 5,276.57 Judgment Costs $ 101.50 Interest on Judgment $ .00 Attorney Fees $. .00 Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 5,378.07 $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST II~CLU~E A COPY OF ml'~ ~ITH YOUR NOTICE OF APPEAL. ¢/~.~ Date-.-.~//~ ~,//~ ~ ,D ,strict Ju st ice cert~y that this is a t~,~ ~Op~~nrnnp~dJna8 containing the udgment. / ~//~ ~ , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315 99 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. pFB MEMBERS SERVICE CORP.. Plaintiff VS. AL'S TIRE OF NORTHERN CAMBRIA. INC.. Defendant VS. PNC BANK, NATIONAL ASSOCIATION, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : Writ No. Term, 20 : No. 02:5160 Term, 20 02 : : Amount Due $5,378.07 : Interest From September 9, 2002 Attorney's Com. : : Costs _$ 29.75 TO THE PROTHONOTARY OF SAID COURT: ( 1 ) Directed to the Sheriff of Cumberland (2) Against AL'S TIRE OF NORTHERN CAMBRIA, INC 908 40th Street, Northern Cambria. PA 15714 Please issue WRIT OF EXECUTION in the above matter, County, Pennsylvania; Defendant (s); (3) and against PNC Bank. National Association 105 Noble Boulevard, Carlisle. PA 17013 Garnishee (s); (4) and index this writ (a) against AL'S TIRE OF NORTHERN CAMBRIA. INC Defendant (s); and (b) against PNC Bank. National Association 105 Noble Boulevard. Carlisle. PA 17013 Garnishee (s), as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) Attach all property or funds of the Defendant, Al's Tire of Northern Cambria, Inc. in the possession or control of Garnishee, PNC Bank, National Association, including all funds, accounts, obligations, wherever located, or other moveable personalty of the Defendant in possession or control of Garnishee PNC Bank, National Association, 105 Nobel Boulevard, Carlisle, PA 17013. (5) Date: : 164760 Exemption has (not) been waived. ~/~ Attorney for Plaintiff (s) NOTE Under paragraph (1) when the writ is directed to the sheriffof another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only ifa named gm'nishee is to be included in thc writ. Paragraph (4) (a) should be completed only if indexing office execution in the county of issuance, is desired as aufl~orized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonolm% See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in fl~e name of a garnishee is attached aod indexing as a lis pendens is desired. See Rule 3104(c). WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5160 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PFB MEMBERS SERVICE CORP Plaintiff (s) From AL'S TIRE OF NORTHERN CAMBRIA INC. 908 40TM STREET, NORTERN CAMBRIA PA 15714 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC BANK, NATIONAL ASSOCIATION, 105 NOBLE BOULEVARD, CARLISLE PA 17013. GARNISHEE(S) as follows: ATTACH ALL PROPERTY OR FUNDS OF DEFT IN THE POSSESSION OR CONTROL OF GARNISHEE INCLUDING ALL FUNDS, ACCOUNTS, OBLIGATIONS WHEREVER LOCATED OR OTHER MOVEABLE PERSONALTY OF DEFT IN POSSESSION OF GARNISHEE. 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 other, vise disposing thereof; (3) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,378.07 Interest FROM 9/9/02 Atty'~ Comm % Atty Paid $37.25 Plaintiff Paid Date: NOVEMBER 8, 2002 (Seal) REQUESTING PARTY: Name DAVID J LANZA, ESQ. Address: 301 MARKET ST., P O BOX 109 LEMOYNE PA 17043-0109 Attorney for: PLAINTIFF Telephone: (717) 761-4540 Supreme Court ID No. 55782 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothq~?tary SIRLIN GALLOGLY & LESSER, P.C By: Jori C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, INC. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : : NO. 02-5160 : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. JON'L'"'fS~'~ Attor~f (or Garnishee Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, INC. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE Attorney for Garnishee COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 02-5160 2. 3.-6. 7. ANSWERfl TO 1NTERROGATflRIEfl IN ATTACHMENT TO: PRB MEMBER SERVICE CORP., Plaintiff No. No, Defendant has no assets with PNC Bank, National Association· No. See answer to number two above. j VERIFICATION Tyieshia M. Hayes, being duly sworn according to law, deposes and says that she is the Writ Administrator o f'PNC Bank, National Association, the within garnishee, and verifies that the statements made in the foregoing ^nswers to Interrogatories are t~e and correct to the best of her knowledge. Said garnishee 'understands that the statements herein are made subject to the penalties of 18 Pa. 'C.S.A. Section 4904 relating to unsworn falsification to authorities. TYIESHIA M. HAYES WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5160 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PFB MEMBERS SERVICE CORP Plaintiff (s) From AL'S TIRE OF NORTHERN CAMBRIA INC. 908 40TM STREET, NORTERN CAMBRIA PA 15714 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC BANK, NATIONAL ASSOCIATION, 105 NOBLE BOULEVARD, CARLISLE PA 17013. GARNISHEE(S) as follows: ATTACH ALL PROPERTY OR FUNDS OF DEFT IN THE POSSESSION OR CONTROL OF GARNISHEE INCLUDING ALL FUNDS, ACCOUNTS, OBLIGATIONS WHEREVER LOCATED OR OTHER MOVEABLE PERSONALTY OF DEFT IN POSSESSION OF GARNISHEE. 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) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,378.07 Interest FROM 9/9/02 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: NOVEMBER 8, 2002 (Seal) REQUESTING PARTY: Name DAVID J LANZA, ESQ. Address: 301 MARKET ST., P O BOX 109 LEMOYNE PA 17043-0109 Attorney for: PLAINTIFF Telephone: (717) 761-4540 Supreme Court ID No. 55782 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG ero ota , !t R. Thomas Kline, Sheriff, who being duly swom according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.44 -Advertising Law Library .50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL 73.39 Sworn and Subscribed to before me this /9-' dayof-~ 2003 A.D. ~,*o--. tr~ ~'~l.~t~,,..,, ~- protlSonotary Advance Costs: 150.00 Sheriff's Costs: 73.39 76.61 Refunded to Atty on 5/14/03 R. Thomas Kline, S~ / ' , SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, INC. and PNC BANK, NATIONAL ASSOCIATION, GARNI,qH~E COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 02-5160 To: David J. Lanza, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below· X PRAECIPE FOR RULE OF NON PROS _ JUDGMENT BY DEFAULT _ MONEY JUDGMENT __ JUDGMENT IN REPLEVIN _ JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATION _ JUDGMENT ON VERDICT _ JUDGMENT ON COURT FINDINGS SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, INC. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND .' · NO. 02-5160 TO THE PROTHONOTARY: PRAECIPE Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, PNC Bank, National Association under Rule 3143(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, PNC Bank, National Association· J Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, INC. and PNC BANK, NATIONAL ASSOCIATION, GARNISI--IF~E COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ; · NO. 02-5160 TO THE PROTHONOTARY: RIII,E AND NOW, this .]q~day of ')~,~ ,2003, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, PNC Bank, National Association, under Rule 3143(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. PROTHONOTARY SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, 1NC. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : : NO. 02-5160 To: David J. Lanza, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X JUDGMENT OF NON PROS JUDGMENT BY DEFAULT MONEY JUDGMENT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATION JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, 1NC. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 02-5160 PRAECIPE TO ENTER .HJDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter a Judgment of Non Pros in favor of PNC Bank, National Association, Garnishee and against Plaintiff, PRB MEMBER SERVICE CORP., for failure to enter judgment against the Garnishee within twenty days after service of a Rule to seek judgment against Garnishee under Rule 3143(g) or to place the issue between Plaintiff, Defendant, and Garnishee upon the list for lrial. Dated: s i=i Attor~ for Garnishee SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee PRB MEMBER SERVICE CORP. VS. AL'S TIRE OF NORTHERN CAMBRIA, INC. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 02-5160 CERTIFICATE OF SERVICE JON C. SIRLIN, being duly sworn according to law, deposes and says that he is counsel for the Gamishee, First Union National Bank, that he is authorized to and does take this affidavit on its behalf and that he served a Pmecipe and Rule pursuant to Pa.R.C.P. 3143(g) to Enter Judgment or suffer judgment of Non Pros, upon David J. Lanza, Esquire, counsel for Plaintiff, by letter dated May 21, 2003, which was sent via certified mail and that Exhibits "A" and "B" attached hereto are tree and correct copies of the transmittal letter addressed to Plaintiffs counsel and the certified mail return receipt. AO~o~'y for Garnishee Date: EXHIBIT "A" I · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. i · Print your name and address on the reverse ~ so that we can return the card to you. , · Attach this card to the back of the mailpiece, I or on the front if space permits. I 1. Article Addressed to: A, Signature B. Recaived by (Pr~ted~me) ~j~C. Date of Delivel D. Is daiive~y address d~ ~ ~ 1 ? D Yes [] Insured Mail [] C.O.D. ~2. Article Number ~~'~.s~r~o~¥i~beO 7002 2030 0007 7695 9656 !PS Form 3811, August 2001 ~mestlc Return R~i~ [] Express Mail [] Return Receipt for Merchandi,~ EXHIBIT "B" SIR. LIN GALLOGLY ~ LESSER` A PROFESSIONAL CORPOKATION ATTORNEYS AT LAW JON C. SIILLIN TIMOTHY A. GALLOGLY PETER A, LESSER* JOHN D. BENSON* SUSAN J. KUPERSMITH* MARK E. SQUIRES '~ DKNA S. pLON* DOROTHY ANNIg HAMILL* JERRY I. DREW* May 21, 2003 PENNSYLVANIA OFFiCE 1529 WALNUT STREET SUITE 600 PHILADELPHIA, PA 19102 (215) 864-9700 FAX (215) 864-9669 NEW JERSEY OFFICE 102 BROWNING LANE BUILDING C CHERRY HILL, NJ 08003 (8S6) 616-1900 FAX (856) 216-7459 David~L Lanza, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Re: PRB Members Service Corp. vs. Al's Tire of Northern Cambria, Inc. and PNC Flank, National Association, Garnishee Dear Mr. Lanza: I enclose a copy of the Praecipe to Enter Rule against Plaintiff pursuant to Pa.R.C.P. 3143(g) to either seek judgment against Garnishee or to place the issue between Plaintiff and Garnishee upon the trial list, which Rule was entered on or about May 24, 2003. The purpose of this proceeding is merely to enable me and my client to close our files in this old attachment. Under the circumstances, I would appreciate your signing the enclosed Order to Discontinue Attachment Execution. If this is agreeable with you, please sign the enclosed Order and return to me for filing with the Court. However, if you do not respond promptly and against Plaintiff at the earliest opportunity. trtesy and cooperation. qQUIRIES TO - 215-864-9700, EXT. 33. Si1