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HomeMy WebLinkAbout14-3276 i ' I HE 1111) 1�llt�� � �, �i�`; f IA Y 2 9 MI 1'7 Scott A. Dietterick,Esquire CUMBERLAND COUNTY Supreme C e Court I.D.#55650 �� Kimberly A.Bonner,Esquire PENNSYLVANIA Supreme Court I.D.#89705 JSDC Law Offices PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff SYSCO CENTRAL PENNSYLVANIA : IN THE COURT OF COMMON PLEAS LLC, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF N. NO. NABIL NASR, DEFENDANT CIVIL ACTION — LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, Nabil Nasr; in the amount of$2,802.60, plus interest at the legal rate of 6% from April 14, 2014, the date of the district justice judgment and costs of suit, pursuant to the judgment granted by District Justice James A. Lenker. I hereby certify that no appeal has been made. JSDC LAW O 1 By: Scott A. Dietterick, Esquire Date: May 29, 2014 /( J MAY 2 12014 6OMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF DAUPHIN Case Mag. Dist. No: MDJ-12-1-01 Sysco Central Pennsylvania,LLC MDJ Name: Honorable James A. Lenker V. Address: 2125 Paxton Church Road Nabil Nasr Harrisburg, PA 17110 Telephone: 717-545-4143 'Jco =M Kimberly Ann Bonner, Esq. Docket No: MJ-12101-Cg60019j$-20'fA,c Jsdc Law Offices Case Filed: 2/6/2014 � PO Box 650 r Hershey, PA 17033 `y Yt Disposition Summary (cc-cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-12101-CV-0000100-2014 Sysco Central Pennsylvania,LLC Nabil Nasr Default Judgment for Plaintiff 04/14/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Nabil Nasr $0.00 $2,802.60 $2,802.60 Sysco Central Pennsylvania,LLC $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of Sysco Central Pennsylvania,LLC vs. Nabil Nasr on MJ-12101-CV-0000100-2014, on 4/14/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,651.90 $2,651.90 Costs $0.00 $119.00 $119.00 Server Fees $0.00 $31.70 $31.70 Grand Total: $2,802.60 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 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 MAGISTERIAL DISTRICT JUDGES,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 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. Date'4 Magisterial District Judge James A.Lenker certify that this is a true and correct copy of the record of the proceedings containing the judgment. ; Date M i erial District Judge MDJS 315 Page 1 of 2 Printer'041.14/2014 10.51.' AM a ra s��t •.t Sysco Central Pennsylvania,LLC Docket No.: MJ-12101-CV-0000100-2014 V. Nabil Nasr Participant List Private(s) Kimberly Ann Bonner, Esq. Jsdc Law Offices PO Box 650 Hershey, PA 17033 Plaintiff(s) - _ . Sysco Central Pennsylvania,LLC 3905 Corey Road P.O. Box 3641 .,. .. Harrisburg, PA 17105-3641 Defendant(s) Nabil Nasr 777 Erford Road Camp Hill, PA 17011 t /Z MDJS 3.15 Page 2 of 2 Printed:04/14/2014 10:57:38AM SYSCO CENTRAL PENNSYLVANIA : IN THE COURT OF COMMON PLEAS LLC, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. NABIL NASR, DEFENDANT CIVIL ACTION LAW TO: NABIL NASR, DEFENDANT You are hereby notified that on May 29, 2014, judgment has been entered against you in the above-captioned case in,th mount of$2,802.60, plus i rest at the legal rate of six (6%) percent, plus costs of suit. DATE: May 29, 2014 �► Prothonotary hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Nabil Nasr 777 Erford Road Camp Hill, PA 17011 TO: NABIL NASR, DEFENDANT Por este medio se le esta notificando que el May 29, 2014, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: May 29, 2014 Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Nabil Nasr 777 Erford Road Camp Hill, PA 17011 SYSCO CENTRAL PENNSYLVANIA : IN THE COURT OF COMMON PLEAS LLC, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. NABIL NASR, DEFENDANT CIVIL ACTION — LAW CERTIFICATE OF RESIDENCE hereby certify that the addresses of the parties in the above-captioned action are as follows: Sysco Central Pennsylvania, LLC 3905 Corey Road PO Box 3641 Harrisburg, PA 17105-3641 Plaintiff Nabil Nasr 777 Erford Road Camp Hill, PA 17011 Defendant JSD LA OFFICES BY: Denise L. Fos er, Paralegal f LCa MAY 29 AM 9: '{ 7 Scott A.Dietterick,Esquire rUMBERLAND COUNI,` Supreme Court I.D.#55650 S Y�W V 9` (� Kimberly A.Bonner,Esquire Supreme Court I.D.#89705 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff SYSCO CENTRAL PENNSYLVANIA : IN THE COURT OF COMMON PLEAS LLC, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. . �! NABIL NASR, DEFENDANT CIVIL ACTION — LAW AFFIDAVIT OF NO APPEAL I, Scott A. Dietterick, Esquire, on behalf of the Plaintiff hereby affirm that I have not received any appeal from the Defendant, Nabil Nasr, from the Dauphin County Prothonotary, from the judgment awarded PlaiAbisqtrictce James A. Lenker. JSDC LAW By: Scott A. Dietterick, Esquire Attorney for Plaintiff Sworn and subscribed his day of May, 2014 &U &Z No y Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DENISE L.FOSTER,NOTARY PUBLIC HUMMELSTOWN BOROUGH,DAUPHIN COUNTY RAY COMMISSION EXPIRES MARCH 5;2017 _THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Sysco Central Pennsylvania, LLC, File No �6-, Plaintiff Amount Due $2,802.60 Interest at legal rate of 6%f§m� -i 4/14/2014 - @ $.46 per day V. Attorney's Comm. 70 cn 7-0 ry Costs -<b CDc' Nabil Nasr, <c =-r., Defendant c-) 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. PREACIPE FOR EXECUTION Issue writ of execution 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 description; supply four copies of lengthy personalty list) LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, SPORTS EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT: 777 ERFORD ROAD, CAMP HILL,L PA 17011 and all other property for the defendant(s) in the possession, tody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as is en inst real estate of the defendant(s) described in the attached exhibit. DATE: May 29, 2014 Signature: Print Name: Sco erick e JSDC Law Offices Address: PO Box 650, Hershey, PA 17033 fO�S� Telephone: (717) 533-3280 Supreme Court I.D.#55650 Attorney for Plaintiff OF CU ,yI '> F r THE COURT OF COMMON PLEAS z 0 y CUMBERLAND COUNTY PA o " a DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 1750 (717)240-6195 www.ccpa.net Sysco Central Pennsylvania,LLC Vs. NO 2014-3276 Civil CIVIL ACTION—LAW Nabil Nasr WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Nabil Nasr Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; Levy on all personal property, including' furniture, appliances, televisions, vcr's, dvd players, entertainment equipment, sports equipment, jewelry, computers, etc., located at: 777 Erford Road, Camp Hill,PA 17011. (2) you are also directed to attach the property of the defendant(s). not levied upon in the possession of GARNISHEE(S),as garnishee, (Specifically describe property)and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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, (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of$300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $2,802.60 Plaintiff Paid Interest at legal rate of 6% from 4/14/2014-$.46 per day Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $59.75 Other Costs Date: ,-! David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : Scott A. Dietterick,Esq. JSDC Law Offices Address: PO Box 650,Hershey,PA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No.#55650 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines,uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY cow 61 CI 117fppp OFFICE OF THE SHERIFF THE PRO THOf 3 2014 JUN 27 PM 2: 45 CUMBERLAND COUNTY PENNS YLVANIA Sysco Central Pennsylvania, LLC vs. Nabil Nasr Case Number 2014-3276 SHERIFF'S RETURN OF SERVICE 06/05/2014 06:00 PM - Valerie Weary, Deputy , being duly sworn according to law, states that on June 05, 2014 at 6:00 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Nabil Nasr at 777 Erford Road, East Pennsboro Township, Camp Hill, PA 17011, informed Defendant of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on June 6, 2014. 06/27/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Defendant filed for Chapter 13 bankruptcy on June 26, 2014; case number 1:14-bk-02998. SHERIFF COST: $81.25 SO ANSWERS, June 27, 2014 (c) CountySuite Sheriff, Teleosoft. Inc. RONR ANDERSON, SHERIFF Jun. 26. 2014 2:08PM Daley, Zucker, Gingrich, LLC. ., Bl (Official Form 11(4/13 No, 3156 P. 3 United States Bankruptcy Court MIDDLE DISTRICT OF PENhiSYLVA41IA od . n Rl _._ Lai FIT __ w -' .`- ----- Na me ofDebtor (iindMidtrs%enter Lao, Pint, acute): • Na sr, Nabil Els eyed Name of Joint Debtor (Spouse)(I.mt,Furst.t.Uddle)t All Other Names used by the Debtor in the last 8 years • (include married, maiden, and trade names): NONE All Other Names used by the Joint Debtor in the last 8 years (include married maiden, and trade names): Last foto- digits of Soc. Sec. orindvsdcal-Taxpayer LD. (ITIN)No/Complete EIN fir more than one, state all): 4128 Lan four digits ofSoc. Sec. orindviddalfaxpayerlb: (ITIN)NoiCompleleEIN (smolt than one, state aa): Stroct Address of Debtor (No. et: Street, Cid, one Site): —' 7777 Erford Road Camp Hill, PA • Street Address of Joint Debtor (No. & Street. ciy, and Stare* ' - =CODE 17011 1701 trPCODE County of Rrsidence or of the Principal Placeoffusiness: Cumberland County of Residence or of the Principal Place of Business: Mailing Address of Debtor 6rdlrerentfrom street address): SAME; Mailing Address ofJoint Debtor (rfd;lr«entDom etreetaddres): 21PCOOF 20PCODE Location Principal Business Debtor of Assets of nq g I7PCODS I –IL! ` Y '.( e(1 (it&resentrromstreetaddrssabove): NOT APRLZCABLg COSInit), Type of Debtor (Form OFerg�siration) (Cheek one box.)' Nature of (Check one bo,t.) 1:1Health Cato Business Business so defined Chapter of Bankruptcy Code Under (Check one box) ❑ Chapter 7 inChapter Which the Petition IsFiled 15 Petition for Recognition of a Foreign Main Proceeding • Chapter 15 Petition for Recognition of a Foreign in Proceeding e. Individual (includes Joint Debtors) ■ Chapter 9 See TDrhiblt I on page 2 °MMNir form. 1111 Single Asset Real Estate IN Chapter 11 in U U.S.C. $ 101 (318) 111 Corporation (includes LLC and LLP) ■ Chapter 12 ❑Norma ❑ Partnership • Railroad Chapter 13 ❑ Stockbroker 0 Commodity Broker Nature of Debts (Check one box) derated 0 Debts are primarily an business debts. • I Other (if debtor is not one of the above entities, check this box end state type of entitybelow • 0 Debts are primarily consumer debts, ■ Cleating Bank in 11 U.S.C. § 101(8) as "incurred by individual primarily for a personal, family, or household purpose" ■Other Chapter 15 Debtors Country of debiofs center of main interests: Tax -Exempt (Check box if Entity appliosbie) organization United States Code). Chapter 11 Debtors: Check one box: 11 U.S.C. § 101(5 ID), defined in 11 U.S.C. § 101(51D). debts (excluding debts 52,490,925 (mnauhriubjecr in odjhsrmem prepetition from one or more I L U.S.C. § 1126(b). • Debtor is a tat -exempt under Title 26 of the Code (the Internal Revenue Each couahy in which 'foreign proceeding by, regarding, or against debtor is pending: ■ Debtor is a small business as defined in ❑ Debtor is not a small business debtor as Cheek If: Q Debtor's aggregate noncontingent liquidated owed to insiders or affiliates) are less than on IPol/16 pad every three years rherea ler). -- – – – -- Check all applicable boxes: Filing Fee (Check one box) individuals only). Must certifying thanhe debtor Sec OfficialPorm3k must individuals only). Mu See Offs tial Form 98, Full Filing Fee attached • •Filing Fee to be paid in intWlments (applicable to attach signed application for the court's Consideration is unable to payfee•exeept in installments. Rule 1006(b). III A plan is being filed with this petition • Filing Fee waiver requested (applicable to chapter? 0 Acceptances of the plan were solicited classes of creditors, in accordance with attach signed application for the court's consideration. S tatlsllcal/Admin Istrat Ire Information ® Debtor estimates that fiteda will be available Ibr disrn'budon ifs unsecured creditors. ❑ Debtor estimates Ilial after any exempt properlyia excluded and administrative expenses paid, there will be no funds available far ' distribution to unsecured creditors. ]SOS SPACE 15 FOR COURT USE ONLY "/ • v JUN 2 �0 1¢ .. `; , •''''...'• _ •, l;. ' y •` 1` ;: •• .. •! < e •� , f .• ' • Estimated Number of Creditors 25,001- 50,001- Otv 50,000 103,000 100,000 1-49 30-99 100-199 200-999 1,050- 5,001- 10,001- 5,000 10,000 25,000 EstimatedAssels ❑ gto 550,001 to SI00,00i to 5500,001 550,000 5100,000 S500,000 to SI million • • t Y •,000,001 •0,000.001 ❑ •0,000,001 •00,005,001 •00,000,001 More than to SIO to SSO to 5100 to 5500 to Sl bilfon SI bd6on mitran m:aioo million million Estimated Liabilitie 0 ❑ 0 0 550,000,001 5100,000,001 5500,000,001 More than 350 to 5100 10 5500 to SI btloon SI b55on million mt100n i-1 ■ • ■ 0 • 0 solo $50,001 to swam to 5500,00i sl.aoo,00l sI0,000,o01 550,000 5100.000 S500,o00 to SI to 510 to million million million