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HomeMy WebLinkAbout01-05262WRIT OF EXECUTfON andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-5262 CIVIL 3$: 'PERM COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cwnberland COUNTY: To satisfy the debt, interest and costs due Century Spouting Co. , Inc. PLAINTIFF(S) from _~~nes Turbin, 1 Cedar Cliff Dive Camp HIll PA 17011 (t) You are directed to levy upon the property of the detendant(s) and to (2) You are also directed to ariach the property of the defendant(s) not levied upon in the possession of I~nbers First Federal Credit Union, 10 Skyport Road, Mechanicsburg, PA 17055 Serve the Interrogatories to Garnishee GARNISHEE(S) as folbws: and to notify the garnishee(s) thap: (a) an ariachmem has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for 4he account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Ifpropertyofthedefendant(s)n0tlevieduponansubjecttoariachmentisfoundinthepossessfonofanyoneother than a namedgamishee, you are directedto rptify hinVherthat he/she has been added as agarnisheeand is enjoihed as above stated. Amount Due S6, 513.50 L.L. Interest Ariy's Comm °!° Ariy Paid 532.25 Plaintiff Paid Date: Decenber 21, 2001 REQUESTING PARTY: Name Thomas G. Klingensmith, Esq. Address: 45 Fact Orange Street T an~ctr~r PA 17602 Attorney for: plaintiff Telephone: 717-39.3-'~6R4 Supreme Court Ip No. 23239 Due Prothy Other Costs $.50 $1.00 Curtis R. Long Prothonotary, Civil Divisyion Deputy ~~ ~tsY€v~.t~*~~ri'a~r,~d~xe4.»#u[a=x=,tr>,,.., -::. _ Ir,r,.;r~ rv*^*saEtia+kr; a~ y •a"°.a V~sswiwa~ahuY ~~i: R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Docketing 18.00 Poundage 1.50 Advertising Law Library . 50 Prothonotary 1.00 Mileage 6.50 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 Advance Costs: 150:00 Sheriffs Costs: 76.50 -~~ Refunded to Atty on 7 / 15 /0 2 Sworn and Subscribed to before me this ~ day of 2002 A.D. ~ ; `Y' pro onotary So Answers; a: U. 6' R. Thomas Kline, Sheriff I,~ +~. l~ B a k~VLq~J"J~1CQ~ ,~~~ .,L_l ~, ~~ ~~ '~~: ~Pt~7A~?,S~Pl3d x~~:_ ~~~ ~;~ ZZ {~ ~Z ~3Q AlkilCt;::t'.c;~nWf~3 ~.~ d3183HS ~hj 3U 3:9i~d0 (;le.3 ~ s 9 t, •,. _ _ 4E _~ µµ_.pr..cxagnyyeFW5.wnEy9.wxM 'W+Y+m o~uu~mw.uaimwuww.xNwmayWga~ytiyWIW.wu.~"e~ar~v.'vb~'a~ti'a;a.vtk5! aW+PiEItlLNtve:. COMMONWEALTH OF PENNSYLVANIA (:n1 INTV nF• CUMBERLAND Mag. Dist. 09-1-01 DJ Name: Han. ' CHARLES A. CLEMENT, JR. Addmaa: 1106 CARLISLE ROAD CAMP HILL, PA Telephone: (717) 761-4940 17011 CENTURY SPOUTING CO., INC. 2147 S. MARRI3T ST. ELIZABSTHTOWN, PA 17022 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~CSNTURY SPOUTING CO., INC. 2147 S. MARR,ST ST. SLIZABSTHTOTQN, PA 17022 L J VS. DEFENDANT: NAME and ADDRESS rTURBAN, JAMES ~ 1 CEDAR CLIFF DR CAMP HILL, PA 17011 L J DocketNo.: CV-0000226-01 Date Filed: 4/25/01 - TF~IS IS TO NOTIFY YOU THAT: Judgment: FOR .PLAINTIFF ^X Judgment was entered for: (Name) nrrNmrmv evnUmTNr_ r•~ , rNr• Judgment was entered against: (Name) mrnrnAN TAN1zs in the amount of $ ~, ai z _ Rn on: ^ Defendants are jointly and severally liable. ^ 9 . n: Dame es well be assessed o ^ This-case dismissed without prejudice. Amount of Judgment Subject to ^ Attachment/Act 5 of 1996 $_ ^ Levy is stayed for days or ^ generally stayed. ^ Objection to levy has been, filed and hearing will be held: Date: 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, C1V~ DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF'JUDGMENT/TRANSCR~T FORM WITH YOUR NOTICE OF APPEAL. -n I - . ~ n n p_~ -A ~ - - T j 19 / 2001- Date ~-~1~'uLXWI I certify that this is a true and rr ct copy 8/28/2001 Date -_- My commission expires first Monday of January, (Date df Judgment) 7,/19/n~ (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ .00 $ .00 $ 6,513.50 Post Judgment Credits Post Judgment Costs Certified Judgment Total ,District Justice the District Justice 2002 / SEAL AOPC 315-99 i F r b S ~ ~(~I~ L ~ ., ~r• ~'c~ ~~' C? C1 -S -~T. C Cf! +.! ~r .~- r fFl _~~ ~`3rr r ~, 0 ~' ~y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO, INC. Judgment-Execution No. CI-O1-5262 v. JAMES TURBIN PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: (Money Judgment) (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland, against James Turbin Defendants, (2) (3) and direct the Sheriff to levy on Members First Federal Credit Union Amount due ........................$ 6,513.50 Interest from .......................$ Plus costs Dated: December 14, 2001 A ' rney for lai tiff (1) To adapt for mortgage foreclosure, strike out next nine words (Pa R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under center heading. (2) Wording for garnishment or special indexing (on moneyjudgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desred, insert here: "and index this writ against [name Defendant]". © If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against .........., Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specially describing estate]". (3) List property to be levied on, with locations (if different from defendant's address in caption). For levy on real estate, famish ten copies of description. If this is solely an attachment, delete this line. ,....:uavy 'i "-~-.aav »~:tssua~- !9'*drer~#3fi#acs,~r~y~fi~kYw,~,.+vF~y...~aa v: arc.'..~~€&a .. _ -, N N 0 -~ ~. ` ~ c ~ ~ _ ~ ~ ~ ~ ~ p cn- ~ ~ t-- r- ~ ~~ ~ ~~ ~~~- ~ ~~ ~:' ~ ~ G ~ ~ ;~ n . ~ ~t ~ ~, _C C ~ ~ C ~ ~ ' C dpi ~ I ~ ~~ ~~ ~°~_ ~- ~ ~~-i ~im ~, _„ ra -.iiz r? ~ ,-_. ~ ~~ :cam ,` ~ LL: ~: ^? ~r rn :,,;. tD ~ C'> Fs']`f rt- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. Plaintiff vs. Judgment/Bxecution No. CI-O1-5262 JAMES TURBIN Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee .~ - INTERROGATORIES TO GARNISHEE TO: MEMBERS FIItST FEDERAL CREDIT UNION, GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under Oath. You are warned that if you fail to do so, a Judgment maybe entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. 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 LEGAL HELP. DISTRICT COURT ADMINISTRATOR COURTHOUSE, ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717)240-6100 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. ~J'J 2. AY the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? If so, specify how much. ~~~ ~~~lv,Nq~ -~C`~~~C.~i~J~ AC~,I'~`I~~~1,S~vt~~,5 ~LAL.,~+. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any inte~~relsIt? IvO 4. At any time you were served or at any subsequent time did you hold as 5duciary any property in which the defendant had an interest? Na 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to you direction or consent and if so what was the consideration therefor? ~b 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of taah~~e defendant against you? J~~ These interrogatories shall be deemed to be continuing interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. Tho as . K ingensmi Attorney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D.#23239 Dated: December 14, 2001 ..- For signature by Garnishee: states subject to the penalties of 18 PA. C. S. Section 4904 relating to unswom Falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correc to the best of his/her knowledge, information and belief. Dated: December 14, 2001 x,..:.. Members FEDERAL CREDIT UNION December 28, 2001 James H. Turban 1 Cedar Cliff Dr. Camp Hill, PA. 17011 RE: Account#174394 Deaz Member: ASSET RECOVERY P. o. Box ao MECHANICSBURG, PA 17055 I-800483-2328 EXT 5132 or (717)795-5132 Please be advised that Members 1st Federal Credit Union has received a Writ of Execution and Attachment from the Court of Common Pleas Cumberland County. As a result of this judgment, Members 1st has placed an administrative hold on your checking and savings accounts. The total amount being held is $958.29. These accounts aze not accessible until such time as we receive notification from the Court. If you have any questions, please contact the attorney as listed on the enclosed document and at the bottom of this letter. Sincerely, ~~ ~~ Delice Murphy, CFE Asset Recovery Specialist DM/cg Certified Mail Cc: Thomas G. Klingensmith, Esq. I ~ ~ = ~ ~.~ , 3 -{, rors;~ ~ ~ ilitr, ~ ~ ° _ '. C ' _r /_ `_ /+~ ;~ . ,v N .. ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CENTURY SPOUTING CO., INC. Plaintiff vs. Judgment/Execution No. CI-O1-5262 JAMES TURBIN Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above matter. in accordance with the Answers of Garnishee, Members First Federal Credit Union; to Interrogatories in Attachment, in the amount of Nine Hundred Fifty-Eight and Twenty-Nine Cents ($958.29). Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN By: omas G. in nsmith Attorney for aint f 45 East Orange treet Lancaster, PA 17602 (717) 393-3684 I.D.#23239 Dated: January 28, 2002 ~ J V ~o ~~ ~~ ~ `' c~ S "'47 '= ~~= ~ ~ ' ~~ < ~ a~ _~ =~~-> ~ pc= ~, :~ ~ ~ ~S _ ., .d :aa '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO, INC. Judgment-Execution No. CI-01-5262 v. JAMES TURBIN PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) To the Prothonotary: 0) Issue writ of execution in the above matter to satisfy the judgment, interest and costs against, James Turbin ,Defendant, (2) (3) and to levy on State Street Bank & Trust Company of c/o Insurance Services, P.O. Box 9111, Boston, MA 02209 Amount due ........................$ 6,513.50 Interest from .......................$ Dated: March 12, 2002 ~~~ (1) To adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money JudgmenP' to "Mortgage Foreclosure" under center heading. (2) Wording for garnishment or special indexing (on moneyjudgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". © If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index [his writ against .........., Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specially describing estate]". (3) List property to be levied on, with locations (if different from defendant's address in caption). For levy on real estate, furnish ten copies of description. If this is solely an attachment, delete this line. \• ~~ ~ ~~ 1..~ 4 I ~ ~ ~ ~ ~ b ~ ~ ~ a a , ~ ~~ „~ ['~ C% Ci ,~ „ .~ Sao= ;~ _., ~~_ ~- -< .c :_i ~ ~,, ~. {. L ,n- d... . _ . _, y wunw __ __ ..... mt¢Ks WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5262 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO., INC., P1ainHff (s) From JAMES TURBIN,1 CEDAR CLIFF DRIVE, CAMP HILL,PA 17011 (1) You are duetted to levy upon the property of the defendant (s)and to sell . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of STATE STREET BANK & TRUST COMPANY C/O INSURANCE SERVICES, P.O. BOX 9111, BOSTON MA 02209 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,513.50 Interest Atty's Comm Atty Paid '$5¢.25 Plaintiff Paid Date: MARCH 13, 2002 REQUESTING PARTY: Name THOMAS`G. KLINGENSMITH, ESQ. Address: 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone:717-393-3684 Supreme Court H) No. 23239 L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division ~y' /////din o ~ / ~/UUGG7GJ u-/fR~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. Plaintiff vs. Judgment/Execution No. CI-O1-5262 JAMES TURBIN Defendant and STATE STREET BANK & TRUST CO Garnishee PROOF OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby certify that on March 21, 2002, I served a true and correct copy of the foregoing documents upon the following person and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by Certified Mail to: State Street Bank & Trust Company c/o Insurance Services P.O. Box 9111 Boston, MA 2209 GINGRICH, S~T~I, KLINGENSMITH & DOLAN By: ~The~as G. Klin ems, smith, Esquire orney for Plaintiff I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 Dated: March 21, 2002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CIJMBE]}2LAND) NO 01-5262 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO., INC., Plaintiff (s) From JAMES TURBIN, 1 CEDAR CLIFF DRIVE, CAMP HII.L,PA 17011 (1) You aze directed to levy upon the property of the defendant (s)and to sell . (2) You aze also drrected to attach the property of the defendant(s) not levied upon in the possession of STATE STREET BANK & TRUST COMPANY C/O INSURANCE SERVICES, P.O. BOX 9111, BOSTON MA 02209 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 duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,513.50 L.L. Interest Atty's Comm % Due Prothy $1.00 Atty Paid $54.25 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division n~ ~ _~ ~./ ` REQUESTING PARTY: Name THOMAS G. KLINGENSMITH, ESQ. Address: 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 T~~ COPY FROM R€t~ qp f Y t~re f ~ ~ o , I flare unto set ~ ~d TiNa /_?~ said Court of C.vllsle, Pe. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. Plaintiff vs. Judgment/Execution No. CI-O1-5262 JAMES TURBIN Defendant and STATE STREET BANK & TRUST CO Garnishee INTERROGATORIES TO GARNISHEE TO: STATE STREET BANK & TRUST COMPANY, GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under Oath. You are warned that if you fail to do so, a Judgment maybe entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. 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 LEGAL HELP. DISTRICT COURT ADMINISTRATOR COURTHOUSE, ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717)240-6100 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. 2. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? If so, specify how much. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 4. At any time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served did the defendant transferor deliver any property to you or to any person or place pursuant to you direction or consent and if so what was the consideration therefor? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? These interrogatories shall be deemed to be continuing interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly funush a supplemental answer under oath containing the same. , Tho a .Kling ith Attorney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D.#23239 Dated: March 12, 2002 For signature by Garnishee: states subject to the penalties of 18 PA. C. S. Section 4904 relating to unsworn falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and coaec to the best of his/her knowledge, information and belief. Dated: 6 1 ~, ~. ~ STATE STREET BANK & TRUST COMPANY ~ n f1J Postage $ ~ 5 ! - o ~ caw" ~r,~. D Certified Faa ~ I 0 mark N .-q Return Receipt Fee (Endorsement Required) ,, 5Q ere , D N Restricted Delivery Fee SV (Endorsement Requiretl) ~ p Total Postage 8 Feas $ ~. r ~ 11~~ _ V~.(Sb, ~ ~~ ~N fTl Name (Please Pr/nt Cleatl~~11to be completed by mailer) STATE STRE>;1' BANK & TRUST COMPANY ~ -- -------------------------------------------------- Strews Apt. No.; or PO Box No. ----------------------------------- C/0 INSURANCE SERVICES P.O. BOX 9111 o `` _ c/~OSTON, MA 02209 **~ U.S. F05TAL 5EhUICE ~~~~ LANCASTER i1T FA 17ti03 414406 40.00 NINE R q 05 03-21-02 09:44e00 CUSTDMER RECEIPT 18q P05T UAL It4F 4.17 TDTAL 4.17 CHECK H004 4.17 CHANGE .00 ~~* THANK YDU ~~* ~. s- ~, ''t*'~-.. ,, ~- -.:.3r3~z.3~~k~Y If1~1IWYN'I~I ..... - ~~I .. _. pn ~I i i (1 r„ _ C T' :_" . nl -. J: \~ _~ L1 ,' •l '. ~ ~~ -J _ ~~> _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CENTURY SPOUTING CO., INC. Plaintiff vs. JudgmentBxecution No. CI-O1-5262 JAMES TURBIN Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee AMENDED PRAECI'PE TO THE PROTHONOTARY: Pursuant to amended answers to interrogatories, please enter j udgment in the amounct ~of One T`h~ous~and Nine Hundred F~rty.-Six d},No Cents ($1 46.00). zcj~~ .~ry,~ 6c,e.~{p~ly c~c.~~--- i~Es-~i6~1..6 ~7't%tS'fa~f£c~~-L LILEtu~ ~t)i bti1-!t~ Respectfully submitted, GINGRICH, S TH, KLINGENSMITH & DOLAN i By: homas G. K ' ensmith Attorney for P intiff 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 I.D. #23239 Dated: March 18, 2002 ~~~ d W~~ ~~~~ ~~ ~' ~ ~. ~~ ~~o~ ~~~ ~~ ~~ IDi THE COUNT DF COMMON PLEAS OF CGTMH$RLAND COIJNT'Y, PENNSYLVANIA CENTURY 9POUTIIJG CO., lNC. Plaintiff vs, Jud~nenUBxanuttott No. ~I Qi_5242 JAM13,S TURBIN Defastlmt and M>3M88R6 Pat4T FEDERAL CRBDiT UNION t3antiahee as~~ OGATORlE8 TO G~1~~EE TO: MEMBERS T?lRST F13A8RAL CREDIT' UNION. QARNL4HEE Youaro regttitadto Sle anaware mthe following inttmogatotiaawlthin twa+ty(zo)dayaatteraaviw uponym- The mawan mwtbe inwtiting end undar0ath. You aaawatnad that ifyou fail todoso, a Judp~nent tray be et8aed egt~nst youby the Court wMhottt Auther ttotfce for any money nldmed by the PlaintlHsgainat the Defendant. Yeumay Ieae taoney otproporty or other sights important fU you, YOU SHOULD TAKE TIIL4PAPER TO YOUR LAWYPRAT ONCB. IF YOU DO NM HAVE A LA W YL~R OR CANBdOT AFFORD ONE, QO TO OR T$LEPIiONE THE OFFIt'~ SBT FOkTI! B$'40W TO FIND OUT WFIERE YOU CAN GBT LBOAL HELP. DISTRICT COURT ADAtiNIISTRATOR COUATHOUSB, ONE COURTHOUSE SQgARE CARLISLE, PA l70I3.33$7 (7t7) z40•til00 1. At the tune You were snNed or a< 1uaY subaequ~s ~0 was the;o in your po~ssion, custody, or cool or in the joint poeseasion, custody or aotdrol of yourself and one of mon~ mP~~° any pro~party of auy naturn owr-ed eolaly or in P~ by ~ delintdattt. If so, apooily 7ha Cutsent bahtnce iA Oae acCOtalt is 51,946.00. shall bs deeated to bn ewttinuing intarrogatorias. if aver the linos of yo+a Theao iutetmgstotles behalf leas or obtain tnforrttatioa requestad~ but answer, yon or anyone acting in your' ~~ a sn nrtder oath not supplied in your answers, yon shall protr-pt1Y conteiuing the same. ~;ttontay forPteindff a5 East t)raage Sereot Lanaaater, PA 17602 (71~ 393-3684 I,D. !!23239 Dated: Marsh 20, 2002 For aigaatur~ C-atnishee: states subject ro tha peualdp of 18 PA.lC3arstns~ta ata~lce roladng to tinaworn iHca to authodt[ee, ~ trito ~ oe ~ of his/her this af5dawit. sttd that the face sot forth harsin lmewladge, infomtation and bdieL bated: `~IC~~, a~rj ~ ~o~ ., ~~ ~~ r~ ~ -: c. ~ •,; F ~.~ _;:_ <, ~~. '~ ~~ ~ .. =~ r;~ _= ;; ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO., INC. Judgment-Execution No. CI-O1-5262 v. JAMES TURBIN PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) To the Prothonotary: (p Issue writ of execution in the above matter to satisfy the judgment, interest and costs against, James Turbin ,Defendant, (2) (3) and to levy on UNUM Provident CorporaEiom, 2211 Congress Street, Portland, ME 04122. Amount due ........................$ 6,513.50 Interest from .......................$ Dated: ,TUNE 3, 2002 (1) To adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under center heading. (2) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". ©If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against .........., Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specially describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption). For levy on real estate, famish [en copies of description. If this is solely an attachment, delete [his line. _ .. _. ,~c~ ..a.., ,"'_ "`"~ ., iM.WFrdhhi'^~~-t~ ~. ~ „s .=_r,~i w -+~er~ ~ - d 'r ~, 1 ~' 1' ~' _~ i ~ ~ ~ ._, - R~ ~Qj ~ ~ ( ~ "~ 0 ~D ~ ~ -'k~ ~ -' n v~ _~ ' ~ ~ r Y , w , ~ ~ I ``: J ~~ -' 6_,. ~'' L .. ~~. 1J ~~ ~ Cif -C. 1 ~, "`, 'h' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO O1-5262 Civil CIVIL ACTION -LAW TO THE SHERIFF OF COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO, INC., Plaintiff (s) From JAMES TURBIN,1 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 (1) You aze directed to levy upon the property of the defendant (s)and to sell . (2) You are also duected to attach the property of the defendant(s) not levied upon in the possession of LEVY ON UNUM PROVIDENT CORPORATION, 2211 CONGRESS STREET, PORTLAND, ME 04122 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,513.50 Interest Atty's Comm Atty Paid $78,:75 Plaintiff Paid Date: JUNE 4, 2002 REQUESTING PARTY: L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division Name THOMAS G. KLINGENSMITH, ESQUIRE Address: GINGRICH, SMITH, KLINGENSMITH & DOLAN 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CENTURY SPOUTING CO., INC. Plaintiff vs. No. CI-01-5262 JAMES TURBIN Defendant PROOF OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby certify that on June 7, 2002, I served a true and correct copy of the foregoing documents upon the following person and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by Certified Mail to: UNUM Provident Corporation 2211 Congress Street Portland, ME 04122 GINGRICH, SMITH, KL~IGENSMITH & DOLAN By: Esquire Akforney for Plaintiff I.D.#23239 45 East,Orange Street Lancaster, PA 17602 (717) 393-3684 Dated: June 10, 2002 WRIT OF EXECUTION and/or ATTACHMENT ~ ~ , COMMONWEALTH OF PENNSYLVANIA) NO 01-5262 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO, INC., Plaintiff (s) Fxom JAMES TURBIN, 1 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of LEVY ON UNUM PROVIDENT CORPORATION, 2211 CONGRESS STREET, PORTLAND, ME 04122 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 properly 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,513.50 L.L. Interest Atty's Comm % Due Prothy $1.00 AttyPaid $78.75 Other Costs Plaintiff Paid Date: JUNE 4, 2002 CURTIS R, LONG Prothonotary, Civil Division v REQUESTING PARTY: Name THOMAS G. KLINGENSMITH, ESQ UIRE Address: GINGRICH, SMITH, IO.INGEN5MITH & DOLAN 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. Plaintiff vs. Judgment/Execution No. CI-O1-5262 JAMES TURBIN Defendant and UNUM PROVIDENT CORPORATION Ganushee INTERROGATORIES TO GARNISHEE TO: UNUM PROVIDENT CORPORATION, GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under Oath. You aze warned that if you fail to do so, a Judgment maybe entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. 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 LEGAL HELP. DISTRICT COURT ADMINISTRATOR COURTHOUSE, ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717)240-6100 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. 2. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? If so, specify how much. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 4. At any time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to you direction or consent and if so what was the consideration therefor? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise dischazge any claim of the defendant against you? These interrogatories shall be deemed to be continuing interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly famish a supplemental answer under oath containing the same. Tho as .Klingensmith Attorney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 LD.#23239 Dated: 3tlNE 3, 2002 For signature by Garnishee: states subject to the penalties of 18 PA. C. S. Section 4904 relating to unsworn falsification to authorities, that he/she is authorized by Garrishee to make this affidavit, and that the facts set forth herein aze true and conect to the best of his/her knowledge, information and belief. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO., INC. Judgment-Execution No. CI-O1-5262 v. JAMES TURBIN PRAECIPE FOR WRIT OF EXECUTION c r; f (Money Judgment) To the Prothonot -`~ L` f_i__ ~f :;_ Issue writ of execution in the above matter to satisfy the judgment, interest and costs~gainst;r James Turbin ,Defendant, ~ ' , r ~ (2) ~ = .. 1} 4 v (3) and to levy on UNUM Provident Corporation, 2211 Congress Street, Portland, ME 04122. Amount due .............. Interest from ............. Dated: JUNE 3, 2002 ~; ~~ -, '°- ', ;~.'. `.-_ _;' , .........$ 6,513.50 (1) To adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under center heading. (Z) Wording for gamishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". ~ If real property of Defendant in the name of gamishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against .........., Garnishee, as a lis pendens against real property of the defendant, in the name of gamishee, as follows: [specially describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption). For levy on real estate, furnish ten copies of description. [f this is solely an attachment, delete this line. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF EXECUTION - (Money Judgment) (Pa. R. C. P. 3101 to 3149 and 3252) CENTURY SPOUTING CO., INC. Plaintiff vs. Judgment/Execution No. CI-O1-5262 JAMES TURBIN Defendant and UN[TM PROVIDENT CORPORATION Garnishee COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND To satisfy the judgment, interest and costs against James Turban defendant (1) You are directed to levy upon the property of the defendant and to sell his interest therein; (2) You are directed also to attach the property of the defendant not levied upon in the possession of UNUM Provident Corporation, 2211 Congress Street, Portland, ME 04122 as garnishee (Specifically describe properly) and to notify the garnishee - (a) that an attachment has been issued; and (b) that the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof. (3) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. _ Affidavit ofNon-Military Service Filed. Amount Due ........................ $ 6,513.50 Dated: JUNE 3, 2002 Interest from ........................ $ Prothy. Costs ....................... $ Sheriffs Costs ..................... $ Thomas G. Klingensmith, Esquire 45 East Orange Street Lancaster, PA 17602 (717)393-3684 ID #23234 Name/Address/Phone No. Attorney for Plaintiff (SEAL) Deputy Prothonotary Prothonotary, Court of Common Pleas Of Cumberland County, Pennsylvania By: John M. Smith Thomas G. Klingensmith Kevin D. Dolan Jeffrey S. Shank Julie M. Cooper Henry F. Gingrich (1952-2001) 222 South Market Street Suite 201 P. O. Box 267 Elizabethtown, PA 17022 Phone (717) 367-1370 Faz (717) 367.3219 45 East Orange Streat Lancaster, PA 17602 Phone (717) 393-3684 Fax (717) 393-0653 June 7, 2002 IJNUM Provident Corporation 2211 Congress Street Portland, ME 04122 RE: Century Spouting Co., Inc. vs. James Turbin and UNUM Provident Cotporation, Garnishee Dear S1r/Madam: Enclosed please find Interrogatories in the above-cited case. Sincerely, GINGRICH, SMITH, KLINGENSMITH & DOLAN Thomas G. Klingensmith TGKfpcw Enclosure Web Site WWW.GSKDLAW.COM m^ a- (~ m t.n a ~ Postage $ O ~ - Certifietl Fee N ~ Return Receipt Fee ra (Endorsement Requiretl) ~ Restricted Delivery Fee ~ (Endorsement Required) O p Total Postage & Fees rri l'ease PrJot.tlearly) m'e Nla, 1('P J M ' ~ ~ ( ~ ~ d l, r /PO B (x Street, Apl[ NIO. ! o o ,?zJ.l.... r~s f`- ^IN State, ZI +4~ 13:41 LEI W 7 5v 10g PGST VAL IMF' 3.ti0 13:42 TGTAL 3.(,0 CASH 7 4.00 CHANGE .40 +~~** U, S. PGSTAL SEkVICE ~~*~ LAMCASTEF. UT fiA 17ri03 414408 44.@0 RkUCE #! 08 06-07-02 13:42:04 CUSTGMEk kECEIF'7 10~i fiGST VAL TMF' 3,~0 TGTAL 3.ti0 CASH 7 4.00 GHAt'dGE .40 ~~~ THAi1K YGU #*~ __ -^* srx curat..>vc ,. . w~,,;.~~..exs«eu~.~a5sc. rarmwrrr,h~'wrciSY,e'tih~, ilAWtldtd':~"'-"asp' v ~ i ~~ ~' 1.(~ y' ~. Z Wfj ~ >~ '` ri -_ ~ C7 a.. ~ ~ ~ ~:, r ~.~ ~~,~; `,Z u~-~.-. •.u } eY]~ ` t~ ~. U SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-05262 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CENTURY SPOUTING CO INC VS TURBAN JAMES And now DAWN L. KELL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:14 Hours, on the 26th day of December 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , TURBAN JAMES in the hands, possession, or control of the within named Garnishee MEMBERS FIRST CREDIT UNION 10 SKYPORT ROAD MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to CINDY THOMAS (BRANCH MANAGER) , personally three copies of interogatories together with 3 and attested copies of the within JUDGMENT - DJ true and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answe ~~ P R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this ,7.~+-~ day of avp~ A.D. Prot'h notary Deputy Sheriff