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Home My WebLink About07-1158Johnson, Duffle, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KESSLER'S, INC., 1201 HUMMEL AVENUE PO BOX 126 LEMOYNE, PA 17043-0126 Plaintiff V. LINDA NYE d/b/a INNOVATIVE CONCESSIONS 299 SHADY LANE ENOLA, PA 17025, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7 - ` v?(,, ?S PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment on behalf of the Plaintiff, Kessler's, Inc., and against the Defendant, Linda Nye d/b/a Innovative Concessions in the amount of $8,036.34 pursuant to the Judgment of the Magisterial District Justice, 30 days having elapsed since the judgment was entered with no appeal having been taken. Date: li JO N, DUFFI W RT & IDNER y lczz? David W. DeLu ,? 1 JU GMENT AND NOW, this '`?'-2iay of , 2007, judgment is entered as above requested in favor of Plaintiff Kessler's Inc. and against Defendant Linda Nye d/b/a Innovative Concessions. CURTIS R. LONG, PPjO THONOTARY By: KESSLER'S, INC., 1201 HUMMEL AVENUE PO BOX 126 LEMOYNE, PA 17043-0126 Plaintiff V. INNOVATIVE CONCESSIONS C/O LINDA NYE 299 SHADY LANE ENOLA, PA 17025, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RULE 236 NOTICE OF ENTRY OF JUDGMENT BY THE PROTHONOTARY TO: LINDA NYE d/b/a INNOVATIVE CONCESSIONS 1304 Norway Maple Court New Cumberland, PA 17070 NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. (/.,"k x: ?; L PR THON IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: DAVID W. DELUGE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET LEMOYNE, PA 17043 717-761-4540 COMMONWEALTH OF PENNSYLVANIA r.nl INTY np. CUMBERLAND Mag. Dist. No.: 09-1-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS INC. rBESSLER'S 7 , 1201 HUMMEL AVENUE PO BOX 126 LLEMOYNE, PA 17043-0126 J VS. DEFENDANT: NAME and ADDRESS rINNOVATIVE CONCESSIONS 7 C/O LINDA NYE 299 W. BRADY LANE LENOLA, PA 17025 J Docket No.: CV-0000326-06 Date Filed: 11/29/06 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 9 8 S ENOLA DR STS 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 NBSSLER'S, INC. 1201 HUMMEL AVENUE PO BOX 126 LEMOYNE, PA 17043-0126 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JODGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 8, 036.3, Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 7,912.84 $ 123.50 $ .00 $ 8,036.3 $ Certified Judgment Total $ 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 INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My commission expires first Monday of January, (Date of Judgment) KESSLER'S, INC. 1/04/07 INNOVATIVE CONCESSIONS 2012 SEAL AOPC 315-06 DATE PRINTED: 1/04/07 12:57:00 PM I 'No 4 n a O -t LT;; n°I r r a? r- N cn ,;a CERTIFICATE OF SERVICE AND NOW, this o2.4 day of February, 2007, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Enter Judgment upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: LINDA NYE d/b/a INNOVATIVE CONCESSIONS 1304 Norway Maple Court New Cumberland, PA 17070 JOHNSON, DUFFIE, STEWART & WEIDNER &- By: ElizatWh D. Snover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment KESSLER'S, INC. ® Other 07-1158 Civil Term . File No. V. Amount Due $8,036.34 LINDA NYE, d/b/a interest from 01/04/07 to 03/09/07 $84.54 INNOVATIVE CONCESSIONS Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) PNC Bank, Account # 5080065463 and any other accounts held by Innovative Concessions or Linda Nye, Social Security # 175-48-3108, at PNC Bank. PRAECIPE FOR ATTACHMENT EXECUTION issue writ of attachment to the sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) PNC Bank, Accoumt # 5080065463 and any other accounts held by Innovative Concessions or Linda Nve at PNC..Bank. and all other property of the defendant(s) in the possession, custody or ? (Indicate) Index this writ against the garnishee (s) as a lis de en (s described in the attached exhibit. Date Signature: Print Name: Address: Attorney for: Lemoyne, PA 17043 Plaintiff Telephone: 717-761-4540 Supreme Court ID No: 41687 I 301 Market Street T Q ]C 4 .s ? Q V Q a I-P P T fi WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1158 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KESSLER'S, INC. Plaintiff (s) From LINDA NYE d/b/a INNOVATIVE CONCESSIONS, 1304 Norway 'Maple Court, New Cumberland, PA 17070. (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 GARNISHEE(S) as follows: PNC BANK, local address ACCOUNT # 5080065463 and any other accoutns held by Innovative Concessions or Linda Nye at PNC Bank. 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 $8036.34 Interest 01/04/07 to 03/09/07 $84.54 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: 03-12-07 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs ,ieputy REQUESTING PARTY: Name David W. Deluce, Esqure Address: 301 Market Street Lemoyne, PA 17043 Attorney for: Plaintiff Telephone: 717-7614540 Supreme Court ID No. 41687 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 KESSLER'S, INC. vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND LINDA NYE D/B/A INNOVATIVE NO. 07-1158 CONCESSIONS and PNC BANK, NATIONAL ASSOCIATION, (TARNISHER. TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. JO C. SIRLIN A rnev for Garnishee Date: ??? ?' ?=' ` « -n r? s= : _ _ -; `T :? ,. _ s ? SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-01158 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND KESSLER'S INC VS NYE LINDA ET AL And now JESSICA HERMANSEN ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:31 Hours, on the 22nd day of March , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , NYE LINDA D/B/A INNOVATIVE CONCESSIONS in the hands, possession, or control of the within named Garnishee PNC BANK 5288 SIMPSON FERRY ROAD MECHNICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to CARRIE CLENDENEN (FINANCIAL CONSULTANT) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her true and made Sheriff's Costs: So answ ?s•* .?? Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 00 Sheriff of Cumberland County .0000,/3?gD1 03/23/2007 Sworn and Subscribed to before me this day of By 11 N% Y? W---Vff D ty Sheriff A.D AM ' 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 KESSLER'S, INC. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. LINDA NYE DB/A INNOVATIVE NO. 07-1158 CONCESSIONS and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: KESSLER'S, INC., Plaintiff 1. No. 2. Account titled Linda S. Nye with a balance of $4,823.43, and an account titled Linda S. Nye with a balance of $2,719.42. The total sum of $7,542.85 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $7,442.85. In addition, pursuant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be determined and deducted from the attached funds. 3. - 6. No. Dated: ». The undersigned hereby verlies that I am an authorized representative of. PNC Bank, N.A.; that the statements made in the foregoing Aasw?ers to Interrogatories are true and correct to the beet of my knowledge, information and belief and *at these statements are nude subject to the penalties of IML C.S. s4M, relating to unsworn falsification to authorities. Re: Kessler's Inc. vs: Linda Nye dlb/a Innovative Concessions Zf6?L -4) Name -- Q2.jAAA-jkjj= Poe, cm DATE: al OV7 Lit-233946.1 C cn a ? v 3c I 14, Johnson, Duffle, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KESSLER'S, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA NYE d/b/a INNOVATIVE CONCESSIONS, V. Defendant PNC BANK, NATIONAL ASSOCIATION Garnishee NO. 07-1158 PRAECIPE TO ENTER JUDGMENT PURSUANT TO Pa.R.C.P. 3146(b) TO THE PROTHONOTARY: Please enter judgment against the Garnishee, PNC Bank National Association, in the amount of $7,442.85, minus attorney's fees, pursuant to Pa.R.C.P. 3146(b) by virtue of the interrogatory answers from Garnishee attached hereto as Exhibif"A". Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: By: Elizabet . Snover or SIRLrN 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 KESSLER'S, INC. vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND LINDA NYE DB/A INNOVATIVE NO. 07-1158 CONCESSIONS and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: KESSLER'S, INC., Plaintiff 1. No. 2. Account titled Linda S. Nye with a balance of $4,823.43, and an account titled Linda S. Nye with a balance of $2,719.42. The total sum of $7,542.85 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $7,442.85. In addition, pursuant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be determined and deducted from the attached funds. 3. - 6. No. Dated: t KESSLER'S, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-1158 V. LINDA NYE d/b/a INNOVATIVE CONCESSIONS, v Defendant PNC BANK, NATIONAL ASSOCIATION Garnishee CERTIFICATE OF ADDRESS I certify that the address of the above Garnishee, PNC Bank NA, is PNC Bank NA c/o Jon C. Sirlin, Esquire 1529 Walnut Street, Suite 600 Philadelphia, PA 19102. By: 1 VvL-- Elizabeth . Snover JOHNSO , DUFFIE, STEWART & WEIDNER 301 MARKET STREET LEMOYNE, PA 17043 717-761-4540 Attorney for Plaintiff CERTIFICATE OF SERVICE fi AND NOW, this f S day of October, 2007, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Enter Judgment Against Garnishee upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: LINDA NYE d/b/a INNOVATIVE CONCESSIONS 1304 Norway Maple Court New Cumberland, PA 17070 Jon C. Sirlin, Esquire 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 Attorney for Garnishee, PNC Bank NA JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D nover C.) r _ c-l -T1 r'\ n n• 4 KESSLER'S, INC., Plaintiff V. LINDA NYE d/b/a INNOVATIVE CONCESSIONS, v Defendant PNC BANK, NATIONAL ASSOCIATION Garnishee NO. 07-1158 RULE 236 NOTICE OF ENTRY OF JUDGMENT BY THE PROTHONOTARY TO: Jon C. Sirlin, Esquire 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 Attorney for Garnishee, PNC Bank NA NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. OTHONOTARY ID/D&IO7 IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: DAVID W. DELUCE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET LEMOYNE, PA 17043 717-761-4540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee KESSLER'S, INC. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. LINDA NYE DB/A INNOVATIVE CONCESSIONS and : NO. 07-1158 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satis Other: i 300.00 0.00 $ 0.00 0.00 0.00 0.00 TOTAL: JON C. Attornv fo Garnishee Costs are hereby taxed in the amount of $ this V - day of Qcw , 2007. AR BY: ) u? (2 W l/,. , c:n - r- 'tv WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1158 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KESSLER'S, INC. Plaintiff (s) From LINDA NYE d/b/a INNOVATIVE CONCESSIONS, 1304 Norway Maple Court, New Cumberland, PA 17070. (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 GARNISHEE(S) as follows: PNC BANK, local address ACCOUNT # 5080065463 and any other accoutns held by Innovative Concessions or Linda Nye at PNC Bank. 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 $8036.34 Interest 01/04/07 to 03/09/07 $84.54 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: 03-12-07 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs iiepury REQUESTING PARTY: Name David W. Deluce, Esqure Address: 301 Market Street Lemoyne, PA 17043 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No. 41687 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.78 Advertising Law Library .50 Prothonotary 1.00 Mileage 9.60 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage .78 Garnishee 9.00 TOTAL 90.66 ? 5/0 G 1 oq(- q"i U?? t r Advance Costs: 150.00 Sheriff's Costs 90.66 59.34 Refunded to Atty on 04/30/08 So Answer R. Th a Kline, Sh By ac f -3 9 0 v U,