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Home My WebLink About02-0543LEASECOMM CORPORATION Plaintiff JANET WHITE DBA JANET WHITE ENTERPRISES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL DIVISION - LAW FOREIGN JUDGMENT PRAECIPE TO THE PROTHONOTARY: Please record the Foreign Certificate of Judgn~nt fi.om the Waltham Division of the District Court Department ofthe Trial Court of Middlesex County, Commonwealth of Massachusetts. Please enter the Judgment for the Plalntiffand again~ the Defendant(s), JANET WHITE DBA JANET WHITE ENTERPRISES, with the principal mount due of $2,019.00 plus interest since the date of Judgment (10/20/99) at 12% per annum per Massachusetts G.L.C. 235:8 in the amount of $550.17 for a total amount due and owing of $2,569.17. To CUMBERLAND COUNTY Prothonotary Robert D. Kodak, Attorney for Plaintiff Attorney I.D. No. 18041 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SMALL CLAIMS DIVISION WAI. THAM D/STRICT COURT rS. C.) 38 LINDEN STREET WALTHAM MASSACHUSETTS02452 (781)894-4500 CIVIL ACTION # 99SC5571 CERTIFICATE OF JUDGMENT LEASECOMIW CORPORA TION Plaintiff VS. JANET WHITE DBA JANET WHITE ENTERPRISES Defendant Judgment for the Plaintiff: LEASECOMM CORPORATION against the Defendant: JANET WHITE DBA JANET WHITE ENTERPRISES Damages: $ c~OOo- Costs: $ /~ - Date of Judgment: /~- o~90- gq Judgment entered on Docket: /~- ~ ~ The court,having obtained jurisdiction, hereby certify that the foregoing is a correct abstract from the docket of actions of which I am the official custodian, of a judgment rendered in this Court, DATE OF ISSUE: 16439416 DEC 0 7 2001 3sistant \ Jud~ agis~rate te "LS" MIDDLESEX SS. ~alt~am ~i~isian 38 Linden Street, Waltham, Massachusetts 02254 (617) 894~500 AUTHENTICATING CERTIFICATE I, Gregory C Flynn , Justice of the District Court Department of the Trial Court, Waltham Division within and for the County of Middlesex, hereby certify that Yvette M Abbott whose signature is affixed to the annexed certificate and attestation, is the Assistant Clerk and proper certifying officer of said Court, and has, by law, the custody of the seal, and all the records, books, documents, and papers of or appertaining to said Court, and that said certificate and attestation are in due form, and entitled to full faith and credit. In Witness Whereof, I have hereunto set my hand this seventh day of in the year December of our Lord two thousa~ one I, Yvette M Abbott , Assistant Clerk of the District Court Department of the Trial Court, Waltham Division, do hereby certify that Gregory C Flynn , whose name is subscribed to the above certificate, is the Justice of said District Court, duly appointed, sworn, qualified, and that the signature of said Justice to said certificate is genuine. In Witness Whereof, I have hereunto set my hand and the seal of said Court, Decoraber in the year of our Lord this seventh day of two thousand and one Assistant Clerk SMALL CLAIMS DOCKET 99sc5571 PLAINTIFF VS. DEFENDANT (LA,~ NAME) LEASECOMM CORP DATE OF CLAIM 7/2/99 DATE CERTIFIED AND FIRST CLASS TRIAL NOTICE SENT 7/2/99 RETURN DATE 10/20/99 FEES PAID $19.00 (LAST NAME) WHITE CLEASECOMM CORPORATION ~ ~ 950 WINTER STREET, SUITE 4100 A I WALTHAM MA 02451 N (781)890-0369 T I ATTN: ANDREW PALMER F F ~ JANET WHITE E F DBA JANET WHITE ENTERPRISES E 303 MAPLE ST ~ WHITE HAVEN,PA 18661 ~ A L #16439416 ~ DATE /o -2o PROCEEDINGS CERTIFIED TRIAL NOTICE RETURNED [] DELIVERED [] UNDELIVERED FIRST CLASS TRIAL NOTICE /.--'1-"rETURN ED UNDELIVERED OFFICER SERVICE ISSUED RETURNABLE ON: OFFICER SERVICE RETURNED .~SERVED [] UNSERVED DATE ANSWER FILED COUNTERCLAIM FILED [~C 08 ~ HEARING DATE _nFo 0 7 2~1 JUDGMENT ENTERED DEFENDANT DEFAULTED; JUDGMENT ENTERED PLAINTIFF FAILED TO APPEAR; CASE DISMISSED 3ODAY PAYMENT ORDER ENTERED Trial court o! Massacl~usetts Small Claims Session NAME AND ADDRESS OF COURT WALTHAM DISTRICT COURT 38 LINDEN STREET WALTHAM MA 02452 (781)894-4500 PLAINTIFF'S ATFORNEY DEFENDANT'S ATTORNEY PROCEEDINGS NOTICE OF JUDGMENT MAILED TO PARTIES DEFENDANT APPEALED NOTICE TO SHOW CAUSE ISSUED RETURNABLE ON: NOTICE TO SHOW CAUSE RETURNED [] SERVED [] UNSERVED SM CLAIM EXECUTION ISSUED JUDGMENT SATISFIED ORDER FOR JUDGMENT AND PAYMENT JUDGMENT FOR/~PLAINTIFF [] DEFENDANT ' ~3-~Y DEFAULT [] AFTER HEARING FOR $ _.~?_/3'--~. D"z-,.'DAMAGES $ costs PAYMENT ORDERED AS FOLLOWS: [] BY AGREEMENT JUDGE: ASST. CLERK: A TRUE COPYATTES'P CLERK/MAGISTRATJ~ DC-SC.2 fll LEASECOMM CORPORATION Plaintiff JAMET WHITE DBA JANET WHITE ENTERPRISES Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL DIVISION - LAW : : FOREIGN JUDGMENT CREDITOR'S AFFIDAVIT AND NOW, comes Plaintiff; LEASECOMM CORPORATION, and hereby avers that the aforesaid Judgment from the COMMONWEALTH of MASSACHUSETTS, DISTRICT COURT DEPARTMENT of the TRIAL COURT, WALTHAM DMSION, remaln.q valid, enforceable and that Defendant, JANET WHITE DBA JANET WHITE ENTERPRISES, has an address at: 17 EAST LOUTHER STREET #2, CARLISLE, CUMBERLAND COUNTY, PA 17013. It is further averred that the address of the Creditor is: 950 WINTER STREET, WALTHAM, MA 02154. DATED: SUSAN P SALVUCCI N~TARY pUBLIC Cm~'~sioa £x~'wes Sept. 24,2004 ~ LEASECOMM CORPORATION Plaintiff JANET WHITE DBA JANET WHITE ENTERPRISES Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL DIVISION - LAW : : FOREIGN JUDGMENT To JANET WHITE DBA JANET WHITE ENTERPRISES, Defendant(s) You are hereby notified that on D ~ ~ .~ ! (Ju&2mem) has been entered against you in the above-cal~ioned case. .20 foUow DATE: Judgment entered, in the amount of $2,569.17. /- t PrOthonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: JANET WHITE DBA JANET WHITE ENTERPRISES 17 E. LOUTI-IER ST.//2 CARLISLE PA 17013 A/JANET WHITE DBA JANET WHITE ENTERPRISES. Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 20_, el/la siguieme(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: JANET WHITE DBA JANET WHITE ENTERPRISES 17 E. LOUTHER ST.//2 CARLISLE PA 17013 Abogado del Demandante PRAECIPE FOR WRIT OF EXECUTION - (MONEY P.R.C.P. 3101 to 3149 JUDGMENTS) LEASECOM~ CORPORATION IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ NO. Term 20__ Plaintiff No. 02-543-CIVI£ TERM Term 2002 vS Amount due (JGMT . AMT. -PYMT; $ 2,569.17 JANET WHITE DBA JANET WHITE ENTERPRISES 17 E. LOUTHER STREET ~2 CARLISLE PA 17013 InterestFROM DATE OF JUDG. Atty's Comm. and CostsTO BE DETERM~NED$. Defendant (s) (01131102) 128.45 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of ~-~ County, Pennsylvania; (2) against JANET WHITE DBA JANET WHITE ENTERPRISES Defendant (3) and against PNC BANK ~nishee (4) and index this writ (a) against JANET WHITE DBA JANET WRITE ENTERPRISES (b) against PNC BANK Defendant(s) and 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 and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UP(~ALLPER~O~ALPROP~RT~OFABOVE-LIBTED D~FB~DANT(S) AT ABOVE-LIS~DADDREBBA~DC4~NISH PNC BANK, 180 NOBLE BLVD., CARLISLE PA 17013, DEF. SOC. SECU~34-50-053~8. (5) Exemption has (not) been waived. Dated Q7/30/02 Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-543 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEASECOMM CORPORATION, Plaintiff (s) From JANET WHITE DBA JANET W/lITE ENTERPRISES, 17 E LOUTltER STREET #2, CARLISLE, PA 17013 (1) You are directed to levy upon the proper~y of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT. (2) You are also directed to attach the property of the defandant(s) not levied upon in the possessinn of PNC BANK, 180 NOBLE BLVD, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachmem has been issued; (b) the garnishee(s) is enjoined fi.om 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. AmountDue $2569.17 L.L. $.50 Interest FROM DATE OF JUDG (01/31/02) Atty's Comm % $128.45 Due Prothy $1.00 Arty Paid $33.00 Other Costs Plaintiff Paid Date: JULY 31, 2002 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 CURTIS R. LONG Prothonotac~ Deputy o z o 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 LEASECOMM CORPORATION VS. JANET WHITE D/B/A JANET WHITE ENTERPRISES and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 02-543 TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. JON~C. SIRLIN Attomey 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 LEASECOMM CORPORATION VS. JANET WHITE D/B/A JANET : WHITE ENTERPRISES : and : PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE : : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND NO. 02-543 AN,~V~q~R~ TO INTERROGATORIE~ IN ATTACI-IMENT TO: LEASECOMM CORPORATION, Plaintiff 1. No. 2. Yes. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled in the name of Janet White, Christopher J. Mummert. The sum of $199.53 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 $99.53. 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. Garnishee is unable to determine from its records whether this is an entireties account or a joint account. Garnishee incorporates herein by reference its New Matter as set forth below. 3.- 6. No. 7. See answer to No. 2 above and No. 9 below. NEW MATTE1R YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAy BE ENTERED AGAINST YOU. 8. Garnishee incorporates by reference its Answers to Interrogatories one through seven above as though fully set forth herein. 9. As set forth above, thc account ritlcd Janet White, Christopher J. Mummert is titled to either tenants by the entireties or to joint tenants. Garnishee is unable to determine from its records as to thc appropriate designation of the account. If the parties to the instrument arc husband and wife, then such asset is an entireties asset and is not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are rifled to joint tenants, thc assets cannot bc executed upon without competent proof by Plaintiff that the attached assets belong to thc judgment debtor and without an appropriate Order of Court directing thc Garnishee to permit execution against such assets by Plaintiffin whole or in part. Garnishee will stay further action pending a hearing and determination by the appropriate Court. ,,ate: JON ~. S-LRLIN Attorney for Garnishee V~ERIFICATION Tyieshia M. Hayes, being duly sworn according to law, deposes and says that she is the Wrii .~dministrator of PNC Bank, National Association, the within garnishee, and verifies that the statements made in the foregoing Answers to Interrogatories are true 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. SHERIFF'S CASE NO: 2002-00543 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND RETURN - GARNISHEE LEASECOMM CORPORATION VS WHITE JANET ET AL And now DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0009:27 Hours, on the 15th day of August , 2002, attached as herein commanded all goods, chattels, rights, moneys of the within named DEFENDANT WHITE JANET D/B/A JANET WHITE ENTERPRISES debts, credits, and , in the hands, possession, or control of the within named Garnishee PNC BANK 180 NOBLE BOULEVARD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KIM MILLS (SALES) personally 3 true and attested copies of the within EXEMPLIFIED RECORD and made the contents thereof 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~~ ~ A.D. Pr6t~onotary ' So answers: R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo D~puty Sheriff LEASECOMM CORPORATION Plaintiff JANET WHITE D/B/A JANET WHITE ENTERPRISES Defendant(s) PNC BANK, NATIONAL ASSOCIATION Garnishee In the Court of COMMON PLEAS of CUMBERLNAD County, Pennsylvania NO. 02-543 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment against Garnishee, PNC BANK, NATIONAL ASSOCIATION, in the above-captioned matter. TO CUMBERLAND County Prothonotary Dated: September 20, 2002 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin: Esquire Identification No.: 17498 1529 Walnut Street~ Suite 600 Philadelphia, PA 19102 (215) S~4-9700 LEASECOMM CORPORATION VS. JANET WHITE D/B/A JANET WHITE ENTERPRISES and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE Attorney for Garnishee : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 02-543 : RIl,l~ OF COSTS OF GARNIS[IEE: PNC~ RANK: NATIONAI~ 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: 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: $ 9q_53 $ o_oo $ o_oo $ o_oo $ Ooo TO : $ 99_53 Attorney for Garnishee Costs are hereby taxed in the amount of $~ this .~_e'~day of ~ 2002. PROTHONOTARY- ~ (~ R. Thomas Kline, Sheriff, who being duly sworn 'cording to law, states thi~ writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 2.23 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 114.18 Ad ance Costs: 150.00 Sheriffs Costs: 114.18 35.82 Refunded~ ~.t )n 10/2/02 Sworn and Subscribed to before me This ~ day of 2002 A.D.~ So Aris~ ~i~ - R. Tho~r as Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-543 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEASECOMM CORPORATION, Plaintiff (s) From JANET WHITE DBA JANET WHITE ENTERPRISES, 17 E LOUTHER STREET//2, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT · (2) You are also directed t° attach the pr°petty °f the defendant(s) n°t levied up°n in the p°ssessi°n of PNC BANK, 180 NOBLE BLVD, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garinshee(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)n°t levied up°n an subject t° at~achmant is f°und in the p°ssessa°n 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 $2569.17 Interest FROM DATE OF JUDG (01/31/02) Atty's Comm % $128.45 Atty Paid $33.00 Plaintiff Paid Date: JULY 31, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 LEASECOMM CORPORATION Plaintiff JAN ET WHITE d/b/a JANET WHITE ENTERPRISES Defendant In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania : NO. 02-543-ClVILTERM : CIVIL DIVISION -LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO Cumberland County Prothonotary Dated: March 11, 2004 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041