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Home My WebLink About99-07537j DIAMOND REO TRUCK COMPANY, a Pennsylvania Corporation Plaintiff V. MID-PACIFIC INDUSTRIES, INC. an Oregon corporation, Defendant V. OSTERLUND, INC., a Pennsylvania Corporation, Additional Defendant L1 tJ IN THE COURT OF COMMON PLEAS SOMERSET COUNTY, PENNSYLVANIA We. 9 9 _ 73 i 7 ez vu 7_e? No. 230 Civil 1998 WRIT OF EXECUTION NOTICE _ r f•I ? o O ? fn CJ Ub O n -? Z J11 ?-ICJ r 1 N 1 In IV 'O o -1 r n 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 judgment. You may have legal rights to prevent your property from being taken. Alawyer can advise . specifically of these rights. If you wish to exercise your rights, you ust act promptly-u more The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriffs 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 IF YOU DO NOT HAVE A LAWYER OR CANNOT A FORDO NENGO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR Third Floor, Cumberland County Court House Carlisle, PA 17013 .----.?--yy.------.-.-_._., (717) 249-1133 ESrC?,?sM iV M1 ??:?? \: •i corraot copy of the orloit:al OR mont on file o MEN ALLEGHENYS LEGAL AID, I C. Delittere(ItoSbot } Ln 1 East Union Street rD C 2 ?. 1?y I P. O. Box 341 ; 4942. onotary Somerset, PA 15501 torssrvlceon Defendant Prothonotary DIAMOND REO TRUCK COMPANY a Pennsylvania Corporation Plaintiff V. MID-PACIFIC INDUSTRIES, INC. an Oregon corporation, Defendant V. OSTERLUND, INC., a Pennsylvania Corporation, Additional Defendant IN THE COURT OF COMMON PLEAS SOMERSET COUNTY, PENNSYLVANIA 71a. 9?. 7 S37 &ri -r-,...., No. 230 Civil 1998 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 statutory exemption be _ (i) set aside in kind (specify property to be set aside in kind); (ii) paid in cash following the 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 exemptions: 7'1o. 17 -7 . »J-7 (26L,.-J -r_... (a) my $300 statutory exemption __ in cash; in kind (specify property); (b) Social Security benefits on deposit in the amount of $ (c) other (specify amount and basis of exemption 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY Cumberland County Court House One Courthouse Square Carlisle. PA 17113 Address (717) 240-6390 Telephone Number 4975 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW n6 g9 7s a •7 O LL a 7-, 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. DIAMOND REO TRUCK COMPANY, : IN THE COURT OF COMMON PLEAS a Pennsylvania Corporation : SOMERSET COUNTY, PENNSYLVANIA Plaintiff 74 75J7 G_?,.¢ T.- v. No. 230 Civil 1998 MID-PACIFIC INDUSTRIES, INC. an Oregon corporation, Defendant V. OSTERLUND, INC., a Pennsylvania Corporation, Additional Defendant WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF SOMERSET To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs entered in favorof Mid-Pacific Industries, Inc., Defendant, against Osterlund, Inc., Additional Defendant, (1) You are directed to levy upon the property of the Additional Defendant, Osterlund, Inc., and to sell its interest therein, such property being described as follows: all that certain Promissory Note in the original principal amount stated of $519,142.33, dated December 15, 1995, of and executed by Payor, Diamond Reo Truck Acquisition Corporation, the named Obligor therein, payable to the order of Osterund, Inc. as Payee thereof and the named Additional Defendant herein; together with the Security Agreement dated December 11, 1995, by and between Payor, Diamond Reo Truck Acquisition Corporation, and Payee, Ostedund, Inc., as secured party; said Promissory Note and Security Agreement instruments located at and or being in the possession of Osterlund, Inc., and its Executive Officer and/or President, Jan Osterlund, at 1515 Slate Hill Road, Camp Hill, PA 17011. (2) You are also directed to attach the property of the Defendant, , as Garnishee, (Specifically describe property) (a) an attachment has been issued; 7Z, 9 9. -7.s 37 &Ld T,,? (b) 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 Additional Defendant, Osterlund, Ind., not levied upon and subjectto attachment is found in the possession of anyone otherthan a named Garnishee, you are directed to notify him that he has been added as a Garnishee and is enjoined as above stated. Amount Due $23,995.15 Interest from 3/12/99 to 11/24/99 1.017.66 Total (Plus costs and interest to date $25,012.81 of sale to be added) Seal of the Court By Deputy Costs $184.31 Writs issued on Praecipe for default judgment no Affidavit filed per Swarb vs Lennox Note of execution: Claim for Major Exemptions under, Pennsylvania and Federal law: Claim for exemptions filed. 4941 A •L 2 w C C T J t(J- l DIAMOND REO TRUCK COMPANY a Pennsylvania Corporation Plaintiff V. IN THE COURT OF COMMON PLEAS SOMERSET COUNTY, PENNSYLVANIA No. 230 Civil 1998 MID-PACIFIC INDUSTRIES, INC. an Oregon corporation, Defendant V. OSTERLUND, INC., a Pennsylvania Corporation, Additional Defendant WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF SOMERSET To the Sheriff of Cumberland Count v: To satisfy the judgment, interest and costs entered in favor of Mid-Pacific Industries, Inc., Defendant, against Osterlund, Inc., Additional Defendant, (1) You are directed to levy upon the property of the Additional Defendant, Osterlund, Inc., and to sell its interest therein, such property being described as follows: all that certain Promissory Note in the original principal amount stated of $519,142.33, dated December 15, 1995, of and executed by Payor, Diamond Reo Truck Acquisition Corporation, the named Obligor therein, payable to the order of Osterlund, Inc. as Payee thereof and the named Additional Defendant herein; together with the Security Agreement dated December 11, 1995, by and between Payor, Diamond Reo Truck Acquisition Corporation, and Payee, Osterlund, Inc., as secured party; said Promissory Note and Security Agreement instruments located at and or being in the possession of Osterlund, Inc., and its Executive Officer and/or President, Jan Osterlund, at 1515 Slate Hill Road, Camp Hill, PA 17011. (2) You are also directed to attach the property of the Defendant, , as Garnishee, (Specifically describe property) (a) an attachment has been issued; 4 r "a i i -- Wo r V- --15- 3-7 Cc,; t -re"" (6) 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 Additional Defendant, Osterlund, Ind., not levied upon and subject to attachment is found in the possession of anyone otherthan a named Garnishee, you are directed to notify him that he has been added as a Garnishee and is enjoined as above stated. Amount Due Interest from 3/12/99 to 11/24/99 Total (Plus costs and interest to date of sale to be added) Seal of the Court $23,995.15 1.017.66 $25,012.81 By. Deputy Costs $184.31 Reissued May 5, 2000 @1:59 PM Writs issued on Praecipe for default judgment no Affidavit filed per Swarb vs Lennox Note of execution: Claim for Major Exemptions under Pennsylvania and Federal law: Claim for exemptions filed. 4941 R. Thomas Kline; Sheriff, who being duly swom according to law, states this writ is returned STAYED., NO ACTION TAKEN IN SIX MONTHS. Sheriffs Costs: Docketing $ 18.0o Poundage 2.08 Advertising Law Library Prothonotary 20.00 Mileage 19.22 Misc. Surcharge 18.00 Levy 20.00 Post Pone Sale Garnishee 9.00 106.30 Sworn and Subscribed to before me this ,g_2-day of 067ZL r 2001 A.D. w Ce. 71ZcCQe tQ j p t onotary Advance Costs: $ 150.00 Sheriffs Costs: 106.30 ?- - -• • 4 Refunded to Atty on 10/5/01' ti So Answers: ipvp IF R. Thomas Kline, Sheriff 1' , By &UAXA)6 as'