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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