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HomeMy WebLinkAbout03-3272 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) Pa.R.C.P. 3101 TO 3149 AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff, iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. 03-3272 Civil Term VS. JOHN TRINDLE, INDIVIDUALLY AND TIDIB/A BARDEN HOMES Defendants. Amount Due $ 4,532.10 Interest At rate of 1.5% Der month from November 23. 200t. Atty's Comm. To Be Determined and Costs $ 685.00 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against, Defendant(s); (3) and against Garnishee(§); (4) and index this writ (a) against John Trindle tJd/b/a Barden Homes, Defendant(s) 470 McCullough Road Shippensburg, PA 17257 (b) against 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 of real estate levy) Please levy upon the personal property located at: 470 McCuilough Road Shippensburg, PA 17257 (5) Exemption has (not) been waived. ~///~ Dated: September ~., 2003 Attorney for Plaintiff 107 Boas Street Harrisburg, PA 17102 (717) 232~3755 AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff JOHN TRINDLE, INDIVIDUALLY and t/d/bla BARDEN HOMES Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3272 Civil Term : .. : : CIVIL ACTION - LAW WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PA To satisfy the judgment, interest and costs against the defendant(s) John Trindle t/d/b/a Barden Homes 470 McCullough Road Shippensburg, PA 17257 (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 he defendant not levied upon in the possession of as Garnishee(s) per the following property description: and to notify the Garnishee(s) that (a) (b) An attachment has been issued; The garnishee(s) is/are enjoined from paying out any debt to or for the account of the defendant() and from delivering any property of the defendant(s) 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(s), you are directed to notify them that they have been added as a garnishee and are enjoined as above stated. COSTS: Prothonotary: $ Sheriff: $ Amount Due: $4,532.10 Interest from November 23, 2001. Total: $6,696.26 Plus costs as per endorsement hereon. AgenFDepu~ AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff JOHN TRINDLE, INDIVIDUALLY and t/d/bla BARDEN HOMES Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3272 CiviITerm ., _. : : CIVIL ACTION - LAW 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 judgment. 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 said 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 some of the major exemptions follows: You may have other exemptions or rights. If you have an exemption, you should do the following promptly: (I) fill out the attached claim form and demand for a prompt hearing; and (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 LEGAL HELP CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 or (717) 249-3166 AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff JOHN TRINDLE, INDIVIDUALLY and tidlb/a BARDEN HOMES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3272 Civil Term CIVIL ACTION - LAW CLAIM FOR EXEMPTION TO THE SHERIFF OF CUMBERLAND COUNTY: i, the above-name Defendant, claim exemption of property from levy or attachment: From my personal property in my possession which has been levied upon: I desire that my $300.00 statutory exemption be: set aside in kind (specify property to be set aside in) ii. paid in cash following the sale of property levied upon iii. I claim the following exemption (specify property and basis of exemption) From my property which is in the possession of a third party, I claim the following exemptions: i. ii. iii. My $300.00 statutory exemption: in cash in kind (specify property) Social Security benefits on deposit in the amount of $ ; 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) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Dated: 2. 3. 4. 5. 6. 7. 8. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW: $300.00 statutory exemption Bibles, school books, sewing machines, uniforms and equipment Most wages and unemployment compensation. Social Security benefits. Certain retirement funds and accounts. Certain veteran and armed fomes benefits. Certain insurance proceeds. Such other exemptions as may be provided by law. ADDITIONALLY, YOU HAVE THE RIGHT TO FILE A MOTION TO OPEN OR STRIKE THE JUDGMENT, AND TO DO SO YOU OR YOUR ATTORNEY MUST FILE A MOTION WITH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IMMEDIATELY. ADDITIONALLY, YOU HAVE THE RIGHT TO SET ASIDE THE SALE OF YOUR PROPERTY IF THE SALE PRICE IS GROSSLY INADEQUATE, AND TO DO SO YOU OR YOUR ATTORNEY MUST FILE A MOTION WITH THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IMMEDIATELY. AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff JOHN TRINDLE, INDIVIDUALLY and t/dlbla BARDEN HOMES Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 03-3272 Civil Term : : ., : : CIVIL ACTION - LAW CEP,TIFICATE Of RESIDENCE PA.P,.C.P. 236 I, John S. Kundrat, Esquire, hereby certify that the precise residence of Plaintiff is: American Aluminum & Insulation Co., Inc. 150 Fulling Mill Road Middletown, PA 17057 And certify that the last known address of the within Defendant is: John Trindle t/d/b/a Barden Homes 470 McCullough Road Shippensburg, PA 17257 Dated: September ~,'~, 2003 Respectfully submitted, J(~h/fp~S. Kundrat, Esquire Atfdrney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 TO THE SHERIFF OF CUMBERLAND COUNTY: There will be placed in your hands for services a Writ of Execution as follows: AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff JOHN TRINDLE, INDIVIDUALLY and tldlbla BARDEN HOMES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3272 Civil Term CIVIL ACTION - LAW WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, with liability on the part of such deputy or the Sheriff to any plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof. Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, Pa 17102 (717) 232-3755 Date: September ~2003 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3272 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN ALUMINUM & INSULATION CO, INC., Plaintiff (s) From JOHN TRINDLE, INDIVIDUALLY AND T/D/B/A BARDEN HOMES, 470 MCCULLOUGH ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY UPON THE PERSONAL PROPERTY LOCATED AT 470 MCCULLOUGH ROAD, SHIPPENSBURG, PA 17257. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $4,532.10 L.L. $.50 Interest AT RATE OF 1.5% PER MONTH FROM NOVEMBER 23, 2001 Atty's Corem % Due Prothy $1.00 Atty Paid $37.50 Other Costs $685.00 Plaintiff Paid Date: SEPTEMBER 25, 2003 (Seal) REQUESTING PARTY: Name JOHN S. KUNDRAT, ESQUIRE Address: 107 BOAS STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-232-3755 Supreme Court ID No. 24958 CURTIS R. LONG Prothono~ Deputy R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy October 31, 2003 ,/ American Aluminum & Insulation Co., Inc. vs John Trindle, Ind. & t/b/a Barden Homes No. 2003-3272 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated October 23, 2003, entered by Barbara E. Trindel, pertaining to Writ of Execution No. 2003-3272 Civil Term, American Aluminum & Insulation, Co., Inc. -vs- John Trindle, Individually and t/d/b/a Barden Homes. R. Thomas Kline, Sheriff, has determined that the claimant, Barbara E. Trindel, in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: R. Thomas Kline,,,Sheriff CC: John Kundrat, Atty for Pltff John Trindle, Deft. Barbara E. Trindel, Claimant ~PROPERTYCLAIM Americad Aluminum and Insulation Company In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-327.~. VS John Trindel 470 McCullouch Road Shippensburq, PA 17257 TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OFPROPERTY 357 Colt Python, Ford LTD, Pontiac Bonneville, fair VALUE Serial ~ E29603 $150.00 fair condition, TAG: FHM 6663(PA), VIN:lFABP3933BB126167 $250.00 condition, TAG: PDll71M (PA), VIN:lG2HZ54c6H269732 $400.00 sofa $ 50.00 loveseat $ 50.00 chairs (2) $ 40.00 coffee/end tables (1) $ 35.00 lamps (1) $ 10.00 Sony television (1) $ 50.00 Toshiba VCR (1) $ 25.00 THE CLAIMANTOBTAINEDTITLETOTHEPROPERTYASFOLLOWS: All of the property was acquired in the name of husband Claimant is the spouse of John Trindel. and wife Date /~) -o,gf] '" State of Pennsylvania: County of Cumberland above list in the property claim are correct and true. 8worn an_~ subscribed to before_me Nqt,~ ~ Public M~r. Pen~nia As~a~n ~ ~s" being duly sworn according to law, deposes and says that the Claimant John Trindel 470 McCullouch Road Shippensburg, Pennsylvania 17257 Apex DVD player (I) clock (1) Sony telephone (1) table (1) chairs (7) shelf (1) grandfather clock (1) chairs (2) GE microwave utensils pots/pans refrigerator gas stove washer dryer coffee pot toaster Kitchen Aide dishwasher $ 50.00 $ 1.00 $ 15.00 $ 50.00 $140.00 $ 2O.OO $175.00 $ 10.00 $ 25.00 $ 25.00 $ 40.00 $100.00 $ 50.00 $ 35.00 $ 35.00 $ 5.00 $ 5.00 $ 75.00 ENTRY/FOYER six bulb ceiling light drop leaf table (1) pictures (3) mirror stand- coat & umbrella brass bell brass candles sconces (2) FIRST BEDROOM: $235.00 gun cabinet (1) magazine/book holder (1) comer shelf (1) table picture ceramic figures (4) four bulb ceiling fan SECOND BEDROOM: $125.00 small desk wreaths (2) pictures (2) decorative hanging bird cages (2) vases (2) basket w/flowers (I) $ 25.00 $10.00 $ 3.00 $10.00 $ 1.00 $ 5.00 OFFICE AREA wooden shelf(5 shelves) $ 15.00 file cabinets (2) $ 20.00 desk (1) $ 20.00 word processor $15.00 Brother typing monitor processor $10.00 AT & T telephone/answering machine $ 5.00 small file cart $ 2.00 Panasonic telephone fax system $ 20.00 Sprint caller ID $ 5.00 IBM typewriter $ 15.00 pictures (3) $ 5.00 hanging tapestry (1) $ 5.00 wooden shelf(l) $ 1.00 glass, wood & ceramic horse figures (10) $ 5.00 four bulb ceiling light $ 10.00 chair (1) $ 5.00 Sprint cell phone $ 10.00 2 BASEMENT double sink tops (4) single sink top (2) attic cooling fan Freedom electric water heater floor fan Proform Tg0 treadmill wooden rocking plane (1) billiard table (1) seven pool sticks w/rack file cabinet(1) ceiling light (1) recessed light (1) outdoor light (1) assorted plumbing items copper & PVC pipe metal typewriter stand two drawer stand Kenmore 12 amp upright vacuum wood chairs (3) stools (2) $ 65.00 $ 25.00 $ 35.OO $ 3O.OO $ 5.OO $ 35.OO $ 5.OO $ 50.00 $10.00 $10.00 $ 5.00 $ 5.00 $ 5.00 $ 30.00 $ 85.00 $ 5.00 $ 1.00 $ 5.00 $15.00 $ 5.00 GARAGE flashlights (3) $ 0.50 extension light (1) $ 2.00 100 ft three prong extension cord $ 3.00 50 ft 1/4" nylon rope on spool $ 2.00 metal stand $ 5.00 saddles (2) $ 40.00 bike (1) $ 5.00 cat carrier (1) $ 1.00 compaq priuter $ 5.00 green lawn chairs (2) $ 5.00 wicker chair & table $ 7.00 white lawn chairs (2) $ 5.00 galvanized tub w/assorted extension cords $ 7.00 small pot grill (1) $ 2.00 hedge clippers (1) $ 1.00 assorted bridle accessories $10.00 blankets (2) $ 8.00 saddle stands (2) $ 5.00 wrench set/assorted tools (1) $10.00 socket set (1) $ 2.00 Rubbermaid trash can (1) $ 0.50 Coleman cooler (1) $ 3.00 gray storage tote $ 1.00 BARN Craftsman 22" lawn mower gas containers (5) 55 gallon drum small two wheel cart 8 ft. ladder Sears 100,000 btu heater 30 bales of hay Nortex fan wheelbarrow shovels (2) rake (1) 100' copper tubing drainage pipe PVC pipes farming disc 10' aluminum ladder $10.00 $ 1.00 $ 3.00 $ 5.OO $ 5.0O $ 10.00 $ 12.00 $ 5.00 $ 7.00 $ 3.00 $ 2.00 $ 25.00 $ 8.00 $ 10.00 $ 5.00 $ 7.00 AMERICAN ALUMINUM & INSULATION CO., INC. Plaintiff JOHN TRINDLE, INDIVIDUALLY and t/dlbla BARDEN HOMES Defendant IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA NO. 03-3272 CIVIL ACTION - LAW PRAECIPE TO OBJECTION TO SHERIFF'S DETERMINATION TO THE PROTHONOTARY: Please enter objection to the sheriff's determination of ownership of the property. Dated: November 4, 2003 Attorney for PLaintiff PA iD 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned STAYED, according to Pennsylvania Rules of Court 3206 ©. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 85.67 Doc~k-e-tin~- - $-I8~00 ......................... ~4~33 Poundage 1.68 Advertising Law Library .50 Prothonotary 1.00 Mileage 14.49 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee TOTAL 85.67 Refunded to Arty on 11/17/03 Sworn and Subscribed to before me this/~ day of ~~ 2003 A.D. ~d,. a..' 7I"~...~, , So Answers; R. Thomas .Kline, Sheriff By 0 ~('&tt~~'~-- (~' ~O/Tt~t~'--~t~9/