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CIVIL DIVISION
J.G. WENTWORTH S.S.C. LIMI11ED
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY.
PENNSYLVANIA
Plaintiff
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NO, 01-847
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MATTHEW LUKOSA VICH
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WRIT OF EXECUTION
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Defendant(s)
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF MONTGOMERY
TO THE SHERIFF OF CUMBERLAND COUNTY, P A
To satisfy the judgment, interest and c.osts against MATTHEW LUKOSA VICR, Defendant(s);
(1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their)
interest therein:
(2) You are also directed to attach the property of the defendant not levied upon in the possession
ofCGU LIFE INSURANCE COMPANY OF AMERlCA F/KIA COMMERCIAL UNION LIFE
INSURANCE COMPANY OF AMERlCA as Gamishee(s) per property description attached:
and to notify the Gamishee(s) that
(a) an attachment has been issued;
(b) thegarnishee(s) is enjoined from paying any debt or for the account of the
defendant(s) or otherwise disposing thereof. .
(3) If the property ofthe defendant not levied upon and subj ect to attachment is found in the
possession of anyone other than the named gamishee( s), you are'directed to notify him that he
has been added as a garnishee and is enjoined as above stated, "
Amount due: $116;850,00
Interest from: $23.42
TOTAL: $116,873.42
Plus cOj.ts as per endorse,g1ent her~o~.
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WILLIAM E. DONNELLY ./
Proth.onotary ;Jr, ,"^-,0- 0'.~C)0c
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COSTS:
Prothonotary:
Sheriff:
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
J.G. WENTWORTH S.S.C.
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NO. 01-847
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LIMITED PARTNERSHIP
CIVIL ACTION - LAW
MATTHEWLUKOSAVICH
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon ajudgment entered by confession in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Matthew Lukosavich , defendant;
(3) against CGU LIFE INSURANCE COMPANY OF AMERICA F/K/A
COMMERCIAL UNION LIFE INSURANCE COMPANY OF AMERICA, garnishee;
(4) and index this writ
(a) against Matthew Lukosavich, defendant
(b) against CGU LIFE INSURANCE COMPANY OF AMERICA F/K/A
COMMERCIAL UNION LIFE INSURANCE COMPANY OF AMERICA, garnishee,
as a lis pendens against real property ofthe defendant in narne of
garnishee as follows: (See attached)
(Specifically describe property)
(5) Amount due
Interest from
Attorneys' fees**
[C;osts to be added]
$116,850.00
$ 23.42
$ 0.00
$116,873.42
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**Where judgment has been en~red under Rule 2951( a), attorneys' fees may be included
If they are authorized in the instrument and there has been a record appearance of counsel at any
stage of the proceedings,
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CERTIFICATION
I certify that:
(a) This praecipe is based upon a judgment entered by confession, and
(b] Notice has been served pursuant to Rule 2958,1 at least thirty days prior to the
filing of this praecipe as evidenced by a return of service filed of record.
~ Notice will be served at least thirty days prior to the date ofthe sheriff's sale of
real property pursuant to Rule 2958,2.
(d) Notice will be served with the writ of execution pursuant to Rule 2958.3.
~ Notice was served in connection with a prior execution on this judgment and
pursuant to Rule 2958.4(b), no further notice is required.
Ef} Notice is not required under Rule 2956,1 (c )J;J.,cau;;;;~~;:~~:}pen or strike
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the judgment was previously filed. /"
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\, ,Richard M. COry'lelly /
~ner:aLCooniel for J:G, Wentworth
30 South 15th St. 10th FL
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Philadelphia, PA 19102
(215) 567-7660
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RICHARD M CONNELLY, ESQUIRE
Attorney ID No. 32837
I Peun Square West, 30 South 15th Street, 10th Floor
Philadelphia, PA 19102
(215) 567-7660
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J.G. WENTWORTH S.S.C. LIMITED
PARTNERSHIP
222 Delaware Avenue, Suite 1449
Wilmington, DE 19801
MONTGOMERY COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION - LAW
NO. 01-847
Plaintiff,
v.
MATTHEW LUKOSA VICH
751 N. Salina Street
Syracuse, NY 13208
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CGU LIFE INSURANCE COMPANY OF
AMERICA F/KIA COMMERCIAL UNJON:
LIFE INSURANCE COMPANY OF
AMERICA
5010 Ritter Road
Mechanicsburg, P A 17055-4828
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Garnishee.
INTERROGATORIES IN ATTACHMENT
TO:
CGU LIFE INSURANCE COMPANY OF AMERICA F/KIA COMMERCIAL UNION
LIFE INSURANCE COMPANY OF AMERICA
50 I 0 Ritter Road
Mechanicsburg, P A 17055-4828
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You are required to file answers to the following Interrogatories within twenty (20) days after
service upon you. Failure to do so may result in judgment against you.
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DEFINITIONS AND INSTRUCTIONS
Unless negated by the context of the Interrogatory, the following definitions are to be
considered to be applicable to all Interrogatories contained herein:
(A) "Document(s)" is an all inclusive term referring to any writing and/or recorded or
graphic matter, however produced or reproduced, The term document(s) includes without
limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes,
schedules, analysis, books of account, ledgers, invoices, pleadings, questionnaires, contracts,
bills, checks, diaries, logs, recordings, telegrams, letters, and all other such documents, tangible
or retrievable of any kind. Documents also include any preliminary notes and drafts of all the
foregoing, in whatever form, for example: printed, typed, longhand, shorthand, on paper, paper
tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, photographic records, or
other form.
(B) With respect to documents, the term "identifY" means to give the date, title, author
and addressee; identifY with respect to documents further means:
(i) To describe a document sufficiently well enough to enable the
interrogator to know what such document is and to retrieve it from a file or
wherever it may be located;
(ii) To,describe it,in a manner suitable for use as a description in a subpoena;
(iii) To give the name, address, position or title of the person(s) who has
custody of the document and/or copies thereof.
(C) "IdentifY" when used in reference to an individual means:
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(i) To state his/her full name:
(ii) Present residence address or last known residence;
(iii) Present or last known business address;
(iv) Present employer or last known employer;
(v) Whether ever employed by any party to this action and, if so, the dates he
(she) was employed by such party, the name of such party and the last
position held as an employee of such party.
(D) "Describe" when used in connection with, or with respect to, an agreement or
event, means to state the place and time thereof, to identify all documents relating or referring
thereto, to identify all persons present or having knowledge thereof, to state the subject matter
and substance of the agreement or event, and to state the acts by each person who participated in
any way.
(E) "Person" when used as a term herein shall mean any natural person, firm,
association, partnership, corporation or other form of legal entity or governmental body, unless
the context of the question indicates otherwise.
(F) "You" and "Your" apply and refer to the responding party or the person or persons
who is/are responding on behalf of the responding party, and encompasses each and every person
employed or working under the supervision, direction, or control of the responding party, to
attorneys and agents, and to all other persons acting or purporting to act with actual or apparent
authority on behalf of the party to whom these Interrogatories are addressed.
(0) "Defendant", "He" and "Him" or "She" and "Her" apply and refer to the
Defendant, Matthew Lukosavich.
(H) "Occurrence" shall mean the precipitating event, incident, act or manner of
defendant(s) actions, defendant(s) conduct and/or the series or combined events, incidents, acts
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and conduct which gave rise to the claims for which the plaintiff seeks damages.
(I) Whenever the expression "and/or" is used in these Interrogatories, the information
called for shonld be set out both in the conjunctive and disjunctive, and whenever the
information is set out in the disjunctive, it should be given separately for each and every element
sought
(J) Whenever a date, amount or other computation or figure is requested, the exact
date, amount or other computation is to be given unless it is not known; and then the
approximate date, amount or other computation or figure should be given or the best estimate
thereof; and the answer shall state that the date, amount or other computation or figure is an
estimate or approximation.
(K) An Interrogatory asking you, to "state each fact which is the basis for ,.." seeks
disclosure of each and every fact, circumstances, condition, thing, or event known to you as of
the date these Interrogatories are answered; full identification and description of the source(s) of
such facts, circumstances, conditions, things, or events including, but not limited to identification
and description of each document relating to or referring to each such fact, circumstance,
condition, thing or event, unless otherwise protected by legal privilege; and requires that you
identifY each person involved and identifY and describe each document relating to any
independent check made by you of which you have knowledge.
(L) Each Interrogatory is intended to and does request that the particulars and parts
thereof, are to be answered with the same force and effect as if each part was a subject of and
asked by a separate Interrogatory.
(M) No answer is to be left blank. If the answer to an Interrogatory or subparagraph of
an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the
action is inapplicable, ION/A" must be written in the answer. If an answer is omitted because of
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the claim of privilege, the basis of the privilege is to be stated.
(N) These Interrogatories are continuing, and any information secured subsequent to
the filing of your answers which wonld have been inconclusive in the answers, had it been
known or available, are to be supplied by supplemental answers.
(0) The mailing address for the Montgomery County Court of Common Pleas is:
Court of Common Pleas, Prothonotary of Montgomery County, Airy and Swede Streets,
Norristown, PA 19401.
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INTERROGATORIES
1. At the time you were served with the Writ of Execution in this matter, were you
obligated under any contract or agreement to make payments of any nature to the defendant
Matthew Lukosavich or for the benefit of the defendant? If so, provide the following:
A. Please identify the contract or agreement. (e.g. policy number);
B. The date of the contract or agreement;
C. Identify all of the parties to the contract or agreement including last known
address;
D. What is defendant's interest in said contract or agreement?
E. Please set forth how much the defendant is to receive under said contract or
agreement, i.e. the amount of the payments, the frequency of the payments and the dates
the payments are to be made;
F. Please give the sum total in dollars of all of the amounts of each scheduled aunuity
payment beginning on the date of service of these interrogatories in attachment and
ending on the date of the last scheduled aunuity payment;
G. Please advise if you have withheld any payments due to the defendant under the
contract or agreement upon receipt of service of the writ of execution? If so, please detail
how many payments have been withheld, the amount of the payments and the dates such
payments were due to be paid to the defendant.
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2. Are you currently paying the above defendant? YES or NO If no, why not?
3. Is defendant's aunuity policy number #9254448? YES or NO Ifno, please provide
number.
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4. Who is the owner of said aunuity policy? Please provide the address of the owner.
5. Has the owner, to date, instructed the provider to make payment to any party other
than the defendant? YES or NO If yes, please state who.
A. Have any payments been made under the aunuity policy #9254448 party other than
the defendant? YES or NO If yes, please state who,
6. Is the schedule of payments in exhibit A consistent with the stream of payments to be
paid to the defendant? YES or NO If no, please set forth the correct stream of payment.
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RI~~~R1S M. CONN/V, ESQ.
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IBy: /
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onnelly, Esquire
unsel for J.G. Wentworth
February 7, 2001
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY.
PENNSYLVANIA
CIVIL DIVISION
lG. WENTWORTHS,S.C. LIMITED
PARTNERSHIP
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NO,
01-847
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Plaintiff
Ys.
MATTHEW LUKOSA VICH
Defendant( s)
WRIT OF EXECUTION NOTICE
THIS PAPER IS A WRIT OF EXECUTION, IT HAS BEEN ISSUED BECAUSE THERE IS A
JUDGMENT AGAINST YOU, IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO
PAY THE mDGMENT, YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY
FROM BEING TAKEN, A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE
RIGHTS, IF YOU WISH TO EXERCISE YOUR, RIGHTS, YOU MUST ACT PROMPTLY.
THE LAW PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN. SUCH PROPERTY IS
SAlD TO BE EXEMPT. THERE IS A DEBTOR'S EXEMPTION OF $300,00. THERE ARE OTHER
EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF THE MAJOR
EXEMPTIONS ARE LISTED BELOW, YOU MAY HAVE OTHER EXEMPTIONS OR OTHER
RIGHTS,
MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1, $300,00 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,
IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY:
(l) FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING:
(2) DELIVER THE FORM OR MAIL IT TO THE SHERIFF'S OFFICE AT THE ADDRESS NOTED.
YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION, IF YOU DO NOT
COME TO COURT AND PROVE YOUR ExEMPTION, YOU MAY LOSE SOME OF YOUR
PROPERTY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET HELP,
LAWYER REFERENCE SERVICE
100 WEST AIRY STREET
. NORRISTOWN, PA 19401
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY.
PENNSYLVANIA
CIVIL DIVISION
lG, WENTWORTH S,S,C, LIMITED
PARTNERSHIP
Plaintiff
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NO, 01-847
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MATTHEW LUKOSA VICH
Defendant(s)
CLAIM FOR EXEMPTION
TO THE SHERIFF:
I, the above-named defendant, claim exemption of property from levy or attachment:
(1) From my personal property in my possession which has been levied upon,
(a) I desire that my $300.00 statutory exemption be.
_ [] (1) set aside in kind (specifY property to be set aside in kind);
[ ] (2) paid in cash following sale of the property levied upon; or
(b) I claim the following exemption (specifY property and basis of
exemption:
(2) From my property which is in the possession of a third party, I claim the following
exemption:
(a) my $300.00 statutory exemption:
[ ](1) in cash;
[ ] (2) in kind (specifY property):
(b) Social Security benefits on deposit in the amount of: $ "
(c) other (specifY amount and basts of exemption):
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CLAIM FOR EXEMPTION - Continued
I request a prompt court hearing to determine the exemption.
Notice of the hearing should be given to me at
(Address)
(Telephone Number)
I verify that the statements made in this Claim for Exemption are true and correct. I
understand that false statements herein are subject to the penalties of 18 Pa,C.S. Section
4904 relating to unsworn falsification to authorities.
Date: Defendant:
THIS CLAIM TO FILED WITH: Office of the Sheriff of Cumberland County
1 Court House Square
Carlisle, PA 17013-3387
(717) 240-6390
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, ~~~!~
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J.G. WENTWORTH S,S.C, I;.tJ '9 '. ,P.4,
LIMITED PARTNERSHIP r ~fr1!)r
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MATTHEW LUKOSA VICH
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NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: MATTHEW LUKOSA VICH. Defendant(s),
A judgment in the amount of$1l6,873.42 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The court has issued a writ of
execution which directs the sheriff to take your money or other property owned by you to pay the
judgment
If your money or property has been taken, you have the right to get the money or
property back if you did not voluntarily, intelligently and knowingly give up your constitutional
right to notice and hearing prior to the entry of judgment or if you have defenses or other valid
objections to the judgment.
You have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of the
judgment If you wish to exercise this right, you must immediately fill out and sign the petition
to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of
Cmnberland County, 1 Court House Square, Carlisle, P A 17013-3387.
IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO
REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN
SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYJlR'1\T ONCE. YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO-TO OR TELEPHO THE
OFFICE SET FORTH BELOW TO FIND OUT WHERENOU CAN GET LEGAL HELP:
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LAWYER REFERENCE SERVICE
100 West Airy Street
Norristown, PA 19401
(610) 279-9660
\,_ Richard-M~C~nnelly
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General Counsel for
J.G. Wentworth S.S,c.
30 South 15th St 10th FL.
Philadelphia, PA 19102
(215) 567-7660
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYL V AN1A
J.G. WENTWORTH S.S.C.
LIMITED PARTNERSHIP
vs.
NO.
MATTHEW LUKOSA VICR
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right
to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on
this ground and request a prompt hearing on this issue.
I verify that the statements made in this Request for Hearing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.e.S. 9 4904
relating to unsworn falsification to authorities,
Notice of the hearing should be given to me at:
(Street Address)
(City, State)
(Phone)
Dated:
Defendant(s):
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CIVIL DIVISION
lG, WENTWORTH S,S,C, LIMITED
PARTNERSHIP
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IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY,
PENNSYLVANIA
Plaintiff
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NO, '01-8417
vs,
MATTHEW LUKOSA VICH
Defendant(s)
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WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF MONTGOMERY
TO THE SHERIFF OF CUMBERLAND COUNTY, P A
To satisfy the judgment, interest and costs against MATTHEW LUKOSA VICH, Defendant(s);
(I) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their)
interest therein:
(2) You are also directed to attach the property of the defendant not levied upon in the possession
of CGU LIFE INSURANCE COMPANY OF AMERICA F/K/ A COMMERCIAL UNION LIFE
INSURANCE COMPANY OF AMERICA as Gamishee(s) per property description attached:
and to notify the Gamishee(s) that
(a) an attachment has been issued;
(b) the garnishee( s) is enj oined from paying any debt or for the account of the
defendant( s) or otherwise disposing thereof,
(3) If the property of the defendant not levied upon and subject to attachment is found in the
possession of aJiyone other than the named gamishee(s), you are directed to notify hirn that he
has been added as a.garnishee and is b~oined as above stated,
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Amount due: $.1 16,850,00
Interest from: $23.42
TOTAL: $116,873,42
Plus C?ts as per endorsement hereon,
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Prothonotary PCGv...fJ- (-;i~
COSTS:
Prothonotary: $/5\ Sb
Sheriff: $
(SEAL)
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R, Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months,
Sheriffs Costs:
Docketing
POlmdage
Advertising
Law Library
Prothonotary
Mileage
Misc,
Surcharge
Levy
Post Pone Sale
Garnishee
18.00
1.72
1S.50
8.68
20.00
20.00
9.00
82.90
Sworn and Subscribed to before me
this 6'!? dayof (L'l'd-
2002 A.D, ~~. (;) fl",PI., , ~
prothon tary I
Advance Costs:
Sheriff s Costs:
150.00
82.90
,~tR .10
Refunded to Atty on 7/15/02
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So Answers;
~~'1~~
R, Thomas Kline, Sheriff
ByCJ QlIti'1~~41
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