HomeMy WebLinkAbout03-1445'COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBER~
Mag. Dist NO.
09 -1-02
DJ Name: Hon
ROBERT V. MANLOVE
Address 1901 STATE STREET
CAMP HILL, PA
17:011 - 0000
BOSCOV' S DEPA.R~ STORE,
PO BOX 4274
READING, PA 19606-0674
INC.
NOTICE OF JUDGMENT/TRANSCRIPT
p LAiNTtFF/J U DGME¢/ YEI 'rO :ASE
NAME and ADDRESS
r-BOSCOV ' S DEPARTMENT STORE, INC. --I
PO BOX 4274
READING, PA 19606-0674
VS. _1
DEFENDANT/JUDGMENT Ch°kF~ ?~DRESS
r-SANC. ER, NANCY G
2144 MARKET ST APT#/SUITE# C102
CAMP HILL, PA 17011
Docket No.: CV- 0000022 - 03
Date Filed: 1/14/03
THIS IS TO NqTIFY...YOU TH4T: . ~- Judgment:
~-~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name)
in the amount of $
I: O4"/_R~ on:
(Date of Judgment)
~,-~ Defendants are jointly and severally liable.
Damages'will be: assessed on:
E~ Yhis case dismissed without prejudice.
~--] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $.
(Date & Time)
Amount of. Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$' 967.83
$ 79.73
.$. .O0
$ .00
$ 1,047.56
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HASTHE RIGHT TO A.,PPE.AL WITHIN 30 DAYS AFTER THE ENTRY OF JU. DGMENT 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
DiStriCt JUStice
)roceedings containing the judgment.
, District Justice
My commission expires first Monday of January, 2006 .
AOPC 315-03
SEAL
BOSCOV'S DEPARTMENT STORE, INC.
Plaintiff
VS
NANCY G. SANGER
Defendant/s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
To NANCY G. SANGER
You are hereby notified that on MARCH~ , 2003, the following
judgment has been entered against you in the above captioned case.
JUDGMENT IN THE AMOUNT OF $1047.56
PLUS INTEREST FROM DATE OF JUDGMENT PLUS COSTS
OF SUIT THEREON
DATE: MARCH ~ , 2003
--- P~o-t~onot ary ~
I hereby certify that the name and address of the proper person/s to
receive this notice under Pa. R. Civ. P. 236 is/are:
NANCY G. SANGER
2144 MARKET STREET
APT. C 102
CAMP HILL, PA 17011
IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
BOSCOV'S DEPARTMENT STORE, INC.
:
:
:
VS. :
:
NANCY G. SANGER :
2144 MARKET STREET, APT C102 :
~l~d~IP HILL, PA 17011 :
Defendant :
( ) Confessed Judgment
(X) Other DISTRICT JUSTICE
File No. ~-~ --- i~&~
Amount Due $1047.56
Interest FROM 02/25/03
Atty' s Comm
Costs Total
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 i~ the above matter to the Sheriff of
CUMBERLAND County, for debt, interest and costs upon the
following described property of the defendant(s) LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBE~
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, 46 S.
HANOVER STREET, CARLISLE, PA 17013 and all other property of the
defendant(s) in the possession, custody or control of the said
garnishee(s).
DATE:
(Indicate) Index this writ against
Signature: ~/~ ~
~thur M. Feld, Es~ire
1309 Bri~e Street
New ~erland, PA 17070
Attorney for Plaintiff
(717) 770-0292
ID No. #07172
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-1445 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC., Plaintiff (s)
From NANCY G. SANGER, 2144 MARKET STREET, APT C102, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of PNC BANK, 46 S. HANOVER STREET, CARLISLE, PA 17013
GARNISHEE(S) as follows:
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 $1047.56 L.L. $.50
Interest FROM 2/25/03
Atty's Corem % Due Prothy
Atty P~id $37.25 Other Costs
Plaintiff Paid
$1.00
Date: MARCH 28, 2003
(Seal)
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
CURTIS R. LONG
Prothono~'y
-~: ~'_~-_~ ~' .
Deputy
Supreme Court ID No. 07172
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
BOSCOV'S DEPARTMENT STORE, INC.
VS.
NANCY G. SANGER
and
PNC BANK, NATIONAL ASSOCIATION,
GARNISHEE
· NO. 03-1445
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
TO THE PROTHONOTARY:
ENTRY OFAPPEARANCE
above-captioned matter.
Kindly enter my appearance on behalf of PNC Bank, National Association, Gamishee, in the
~O~~f~ Gl~amishee
rote: 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BOSCOV'S DEPARTMENT STORE,
INC.
NANCY G. SANGER,
Plaintiff,
Defendants.
CML ACTION
No.: 03=1445
SUGGESTION OF BANKRUPTCY
Defendant, Nancy G. Sanger, through her undersigned attorneys, Gates, Halbruner &
Hatch, P.C., and would show the Court:
1. Defendant has filed a petition for relief under Title 11, United States Code, in
the United States Banlo~ptcy Court for the Middle District of Pennsylvania, which bears the case
number 1-03-02425
2. Relief was ordered on April 22, 2003.
3. This action is founded on a claim from which a discharge would be a release or
that seeks to impose a charge on the property of the estate.
4. This is for informational purposes only, and does not constitute a notice of
appearance by the undersigned.
WHEREFORE, the defendants suggests that this action has been stayed by the operation
of 11 U.S.C. § 362.
Respectfully Submitted,
GATES, HALBRUNER & HATCH, P.C.
DATE: April 28, 2003
t N. P-eterlin,IEsq~ire~/~ ~v . f
Attorney ID No. 84180
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
CERTIFICATE OF SERVICE
I, Albert N. Peterlin, Esquire, hereby certify that a true and correct copy of the foregoing
Suggestion of Bankruptcy, has been served upon the following counsel of record by first class
mail, postage prepaid, addressed as follows:
Arthur Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070
GATES, HALBRUNER & HATCH, P.C.
Al-I~rt N. Ige~erlin~E-//squ]r~' ~ /
Attorney for Debtors
DATED: April 28, 2003
BOSCOV'S DEPARTMENT STORE, INC.
Plaintiff
vs.
NANCY G. SANGER
Defendant/s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 2003-1445
PNC BANK
Garnishee
Would you please dissolve the attachment
Garnishee, in the above captioned matter.
against PNC
Bank,
To
Prothonotary
Apzil 29, 2003
Attorney for Plaintiff
sIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
BOSCOV'S DEPARTMENT STORE, INC.
VS.
Attorney for Garnishee
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
NANCY G. SANGER : NO. 03-1445
and :
PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE :
ANSWERS TO INTERROGATORIES IN ATTACHMENT
TO: BOSCOV'S DEPARTMENT STORE, INC., Plaintiff
1. No.
2. Yes, an account titled Nancy G. Sanger. The sum of $547.89 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 o f Set-off against the
account consisting of $100.00 Legal Processing Charge, leaving a balance for execution
purposes of $447.89. 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.
Defendant also maintains a safe deposit box titled Nancy G. Sanger, located in
Pennsylvania. Entry to said box has been restricted pursuant to this Writ. An appropriate Order
of Court is required to open the box pursuant to Pa.R.C.P. Section 3110. See New Matter set
forth below for further answer and defense.
3.-6. No.
NEW MATTER
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER
WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR ,4 DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
herein.
7. Garnishee incorporates Answers one through six above as though fully set forth
8. In order to execute upon the contents of the safe deposit box described hereinabove,
plaintiff must proceed pursuant to Pa.R.C.P. Section 3110.
J IN
Attorri4y for Garnishee
Dated:
VER I Fl CATION
Tyieshia M. Hayes, bring duly sworn according to law, deposes and s.~ys that she is [P,e
walt'Administrator of PNC Bank, National Association, th,: within garnishee, and
verifies that the statements made in the (oceg,Hng Answers to Interrogatories arc tr'.:'e and
correct to the best oFher knowledge. Said garnishee understands that the s;atemena
herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unswocn filsification to authorities.
TYIESH[A M.
SHERIFF'S RETURN GARNISHEE
CASE NO: 2003-01445 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BOSCOV'S DEPARTMENT STORE INC
VS
SANGER NANCY G
And now JASON VIORAL ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:30 Hours, on the 4th day of April , 2003, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
SANGER NANCY G , in the
hands, possession, or control of the within named Garnishee
PNC BANK 105 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
MARLIES TRIMBUR (MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
t rue
and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and subscribed to before me
this ¢ ~ day of~
~&723 A.D. /
Pro/t~6notary ·
~[ ~ Klin~
Sheriff of Cumberland County
oo/oo/oooo
By ~eputy Sheriff
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
BOSCOV'S DEPARTMENT STORE, INC.
VS.
NANCY G. SANGER
and
PNC BANK, NATIONAL ASSOCIATION,
GARNI,qHEE
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
NO. 03-1445
BII,I, OF COSTS OF GARNISHEE,. PNC RANK. NATIONAl, ASSOCIATION
Gamishee, 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:
Gamishee's fee pursuant to
42 Pa. C.S.A Section 2503:
Notary Charges:
Entry of Appearance:
Answers to Interrogatories:
Order to Discontinue or Satisfy:
Other:
Costs are hereby taxed in the amount of $
$160.00
0.00
0_00
o.oo
o.oo
o.oo
.~~ $160.00
JO ¢.
Attorney f~ Garnishee
PROTHONOTARY/"^
,2003.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing 18.00
Poundage 1.64
Advertising
Law Library .50
Prothonotary 1.00
Mileage 3.45
Misc
Surcharge 30.00
Levy 20.00
Post Pone Sale
Garnishee 9.00
TOTAL $ 83.59
Advance Costs: 150.00
Sheriff's Costs: 83.59
$ 66.41
Refunded to Atty on 4'/29/03
Sworn and Subscribed to before me
So Answers_'
/P~ T~h/omas KI, ine,~.herif~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-1445 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC., Plaintiff (s)
From NANCY G. SANGER, 2144 MARKET STREET, APT C102, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON
DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of PNC BANK, 46 S. HANOVER STREET, CARLISLE, PA 17013
GARNISHEE(S) as follows:
and to notify the gamishee(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 $1047.56
Interest FROM 2/25/03
Atty's Corem %
Atty P~id $37.25
Plaintiff Paid
Date: MARCH 28, 2003
(Seal)
REQUESTING PARTY:
Name ARTHUR M. FELD, ESQUIRE
Address: 1309 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-0292
Supreme Court ID No. 07172
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary
Deputy