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HomeMy WebLinkAbout01-3058 COUNTY OF: ~gI~.,~,.ND NOTICE OF JUDGMENT/TRANSCRII T CIVIL CASE Mag. D~Sl NO.' PLAINTIFF: NAME and ADDRESS 09-3-04 I-~l~CO~,B D~t~,,E'l'~m~e~ ;]TO~..~, ~C. ~ ~O~8 ~. p~ ~, P~ 19606'0674 ~CBB~G, PA VS. DEFENDANT: ~ a~*DO~SS ~,..~.~: (717) ~61'8230 17050 ~T~Y, P~LIS R ~ 432 ~ ~T A~ ~R P~IFF : ~C~B~G, PA 17050 ~'~'HU~ M. FE~, ESQ. ~ ~ 1309 BRI~E ST. DocketNo.: ~-0000163-01 ~ ~ THIS 18 TO ~OTl~ ~OH THAT: Judgment: B~ ~ p~ ~ Judgment wasentered for: (Name) ~ ~~ ~; ~ ~ Judgment was entered against: (Name) ~ ~.~.~ R in the amount of $ ~: a~4 _ ~1 on: (Date of Judgment) 4~ ~1 ~ Defendants are jointly and severally liable. (Date & Time) ~ Damages will be assessed on: Amount of Judgment $ [. 9?8.8~ Judgment Costs $ 75.5~ Interest on Judgment $ .0{ ~This case dismiss~ without prejudi~. Afforney Fees $ .0{ T~al $ 2,054.33 ~ Amount of Judgment Subject to AEachmenVAct 5 of 1996 $ Post Judgment Credits $ ~ Post Judgment Costs $ ~ Levy is stayed for days or ~ generally stayed. ============ Ce~lfied Judgment Total $ ~ Obje~ion to levy has been filed and hearing will ~ held: 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, ClVI~. DIVISION. YOU MUST INCLUDE A COPY OF THII RIPT FORM'WITH YOUR NOTICE'OF APPEAL. ·. l.~.~ ~,;.[~) ~ .. Date , District Justice -" I certify that this is a true $.containing the judgment. '~- I C~'- O ! Date , District Justice My commission expires first Monday of 3004 SEAL AOPC 315-99 BOSCOV'S DEPARTMENT STORE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLJ~D COUNTY, PA PHYLLIS R. STARRY : Defendant/s : To PHYLLIS R. STARRY You are hereby notified that on MAY /~ , 2001, the following judgment has been entered against you in the above captioned case. DISTRICT JUSTICE JUDGMENT IN THE AMOUNT OF $2054.31 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: PHYLLIS R. STARRY 432 BRIAN COURT MECHBG., PA 17050 IN THE COURT OF CO~ON PLEAS OF C~¥~'. DIVISION PRAECiPE FOR WRIT OF EXE~ION ~ (X) Other DISTRICT ~STICE V~. : File No. 01-3058 P~LLIS R. STaY ~ ~t ~e $1119.43 ~ Defen~t : Arty ~ s C-:-~... 105 ~BLE BL~. C~LZSLE, PA 17013 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 un a emlfession of Judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amendedl and for real property pursuant to Act 6 of 1974 as amended. Issue Writ of Execution in the above matter to the Sheri£f of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant PRAECIPE FOR ATTACHMENT 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) all of de£endants accounts at ~arni~hee b=~k and all other property of the defendant{s) in the possession, custody or control of the said garnishee{s). (Ind~cat%) Index this writ against Arthur H. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. 907172 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3088 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 PHYLLIS R. STARRY, 43 WOOD CREST BLVD., HAZELTON. PA 18201 (I) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to a~tach the properly of the defendanRs) not levied upon in the possession of PNC BANK, GARNISHEE, 105 NOBLE BLVD, CARLISLE, PA 17013 - ALL OF DEFENDANTS ACCOUNTS AT GARNISHEE BANK 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 a~achment is found in the possessiou of anyone other than a named garnishee, you are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $1119.43 L.L. $.50 interest FROM 12/16/03 Atty's Corem % Due Prothy $1.00 Al~y Paid $37.25 Other Costs PlaintiffPaid Date: DECEMBER 17, 2003 CURTIS R. LONG Prothonotary . (Seal) ~ Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Cour~ 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. : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND VS. ~ : PHYLLIS R. STARRY : : NO. 01-3058 and : PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE : RII ,i, OF ~fl,qT~ OF GARNI~HF~E: PN~ RANK: NATICINAI~ A.q,qflt~lATIOl~I 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: ~ 160 O0 Notary Charges: ~ 0 00 Entry of Appearance: ~ 0 00 Answers to Interrogatories: $ O 00 Order to Discontinue or Satisfy: ~ 0 O0 Other: $ 0 oO JOS Ci ~ .I[RLI~ Attomey!~or Garnishee Costs are hereby laxed in the amount of $~ this .~_._l~lay of~,~t~,l , 200~. PROTHONOTARY "' ~ $1RLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlim Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee BOSCOV'S DEPARTMENT STORE, INC. : COURT OF COMMON PLEAS : vs. : COUNTY OF CUMBERLAND : PHYLLIS R. STARRY : NO. 01-3058 and : PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE .. ANSWERS TO INTF~RROGATORII~.,~ IN ATTACHMENT TO: BOSCOV'S DEPARTMENT STORE, INC., Plaintiff 1. No. 2. Yes, an account titled Phyllis R. Starry. The total sum of $1,010.88 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 $910.88. In addition, pursuant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be detem~ined and deducted from the attached funds. 3.-6. No. JO.~ C~. Dated: ] Attorney for Garnishee Boscov's Department Store, Inc. vs. Phyllis R. Stan'y And PNC Bank National Association Garnishee Jack Toth, being duly sworn according to law, deposes and says that she is thc Writ Administrator of PNC Bank, National Association, the ~thin garnishee, and verifies that the statements made in the foregoing Answers to lnten'ogatorics arc true and correet 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 fiflsification to authorities. .ra~k Toth Dated: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3058 Civil COUNTY OF CUMBERLAND} CIVIL ACTION - LAW TO THE SHERIFF OF CL~IBERLAND COUNTY: To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC. Plaintiff (s) From PHYLLIS R. STARRY, 43 WOOD CREST BLVD., HAZELTON, PA 18101 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach thc property of the defendant(s} not levied upon in the possession of PNC BANK, GARNISHEE, 105 NOBLE BLVD, CARLISLE, PA 17013 - ALL OF DEFENDANTS ACCOUNTS AT GARNISHEE BANK GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereofi (3) If property of the defendant(s) not levied upon an subject m allachment is found in the possession ofanyone 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 $1119.43 L.L. $.$0 Interest FROM 12116103 Atty's Corem % Due Prothy $1.00 Atly Paid $37.25 Other Costs Plaintiff Paid Date: DECEMBER 17, 2003 CURTIS R. LONG Prothonota:t,~t~ ~ e' (Seal) ~ Deputy 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 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SheriWs Costs: Advance Costs: 150.00 SheriWs Costs: 94.34 Docketing 18.00 $ 55.66 Poundage 22.39 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 01/l 4/04 Mileage 3.45 Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL $ 94.34 Sworn and Subscribed to before me So Answers; .. This do day of ~._.,w~--~. R. Thomas Klinc,'Shefiff t:..!c., 200~'A.D. ' ' "-'" B~ C~au~~,wb~ SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-03058 p COMMONWEALTH OF PENNSLYVA/~IA COUNTY OF CUMBERLAND BOSCOV'S DEPARTMENT STORE INC VS STARRY PHYLLIS R And now GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0016:40 Hours, on the 19th day of December , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , STARRY PHYLLIS R , 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 ANGELA HETRICK (ASST. BRANCH MANAGER) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 00/00/0000 eput~ ~eriff Sworn and subscribed to before me this Z-~ day o~i Pr~onot ary 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. : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : VS. . PHYLLIS R. STARRY : NO. 01-3058 and : : PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE : ENTitY C~I~ APPEAi~ANCI~, TO THE PROTHONOTARY: Kindly enter my appearance on behalfofPNC Bank, National Association, Garnishee, in the above-captioned matter. JAO~~gmishee BOSCOV'S DEPARTMENT STORE, INC.' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. # 01-3058 PHYLLIS R. STARRY Defendant/s PNC BANK Garnishee Would you please dissolve the attachment against PNC Bank, Garnishee, in the above captioned matter. To Prothonotary ~ January 9, 2004 ~ ~ % Attorney for Plaintiff