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Home My WebLink About09-8376IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA HUB PROPERTIES TRUST, Plaintiff, V. ELDERLY CARE COUNSELING SERVICES, LLC, Defendant, and HIGHMARK MEDICARE SERVICES, INC., D/B/A HIGHMARK MEDICARE SERVICES, Garnishee. CIVIL ACTION Docket No. 2009-15499 WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: Elderly Care Counseling Services, LLC 642 Cowpath Road #393 Lansdale, PA 19446, -n O defendant ("Defendant"), (1) You are directed to attach the property of the Defendant in the possession of Highmark Medicare Services, Inc. d/b/a Highmark Medicare Services Attention: Law Department 1800 Centre Street Camp Hill, PA 17089, as garnishee ("Garnishee"), per the following property description: Any and all personal property of Defendant in the possession of Garnishee, including but not limited to contracts, accounts payable, and/or monies on deposit for the account of, or owed to Defendant; and to notify Garnishee that: a. An attachment has been issued; b. Garnishee is enjoined from paying out any debt to or for the account of Defendant and from delivery any property of Defendant or otherwise disposing thereof; and 1 c. The attachment shall not include any funds in an account of Defendant with a bank or other financial institution: i. In which 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 or ii. That total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy or 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. (2) If property of Defendant subject to attachment is found in the possession of anyone other than the above-named Garnishee, you are directed to notify them that they have been added as a garnishee and are enjoined as above stated. COSTS: Prothonotary. $ Amount Due: $ 98,807.02 Sheriff: $ Interest to 4/30/09 INCLUDED Total $ 98,807.02* *Plus costs per endorsement hereon, plus attorney's fees and costs as provided in the Lease, plus ongoing interest at the Lease Rate from 5/1/09 until paid-in-full. 2 1014 Mark Levy IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA HUB PROPERTIES TRUST VS. NO. 2009-154_99 ELDERLY CARE COUNSELING_ SERVICES, LLC WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN-ISSUED BECAUSE THERE IS A JUDQjvIENV 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 ADVICE YOU MORE SPECIFICALLY ON 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 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 FIRST DO THE FOLLOWING PROMPTLY: (1) 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 THE COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO THE 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELLIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE 100 West Airy Street PO Box 268 NORRISTOWN, PA 19404-0268 (610) 279-9660 (1/07) IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA HUB PROPERTIES TRUST VS. NO. 2009-15499 ELDERLY CARE COUNSELING SERVICES, LLC ; 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 upolf, i ,,.., C) T A. I desire that my $300 statutory exemption be: , == N ? (1) Set aside in kind (specify property to be set aside t@kin( ? (2) Paid in cash following the sale of the property levj&4 upca; or 0 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: A. My $300 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 basis of exemption) (6/02) Pagel of 2 i CLAIM FOR EXEMPTION - Continued I request a prompt hearing to determine the exemption. Notice of the hearing should be given to me at the following address And the following phone number 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 unworn falsification to authorities. Date: Signature of Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF MONTGOMERY COUNTY COURTHOUSE NORRISTOWN, PENNSYLVANIA 19404 (6/02) Page 2 of 2 t_,w r?uL 2099 0 E C -3 P1-1 3: S 4 ??. 3 -9. S sst Ck_ 133yq 46" :? 3 4 q 97 Y? 7 Y -116-0 O e iu f ie r- S-J q r,4 /Vew t-trvl, M A s s. Q at Y 5 g oe; Gya (:aw r3?h >"Coax( "`353 ?HNSCtAIC P, CoAkJV1'ShGL : 1 ?b0 l PN?C1 StR CAmp FELLHEIMER & EICHEN LLP John J. Jacko, III (PA Attorney ID No. 67477) David C. Bennett (PA Attorney ID No. 206191) 1800 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 (215) 253-6630 Attorneys for Plaintiff, Hub Properties Trust HUB PROPERTIES TRUST, v. Plaintiff, ~ ~ ~~~ ~~ 201Q FFB -4 PM 4: 19 CU~15~~ .~:.~~~~ ~;~~1~tfY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELDERLY CARE COUNSELING SERVICES, LLC, Defendant, and HIGHMARK MEDICARE SERVICES, INC., d/b/a HIGHMARK MEDICARE SERVICES, Garnishee. CIVIL ACTION Docket No. 09-8376 CERTIFICATE OF SERVICE I, David C. Bennett, hereby certify that on the below-listed date I caused true and correct copies of Plaintiff s foregoing Praecipe to Dissolve Attachment to be served upon the following by first class mail, postage prepaid, addressed as follows: Garnishee Highmark Medicare Services, Inc. d/b/a Highmark Medicare Services Attention: Law Department 1800 Centre Street Camp Hill, PA 17089 Dated: ~ ~ ~ O Defendant Elderly Care Counseling Services, LLC c/o James Schairer 2058 Maple Avenue, Apt. J1-12 Hatfield, PA 19440 EL HEIMER & CHEN LLP I John J. Jac ,III (PA Attorney ID No. 67477) David C. B nnett (PA Attorney ID No. 206191) 1800 John .Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 (215) 253-6630 Attorneys for Plaintiff, Hub Properties Trust FELLHEIMER &EICHEN LLP John J. Jacko, III (PA Attorney ID No. 67477) David C. Bennett (PA Attorney ID No. 206191) 1800 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 (215) 253-6630 Attorneys for Plaintiff, Hub Properties Trust HUB PROPERTIES TRUST, Plaintiff, v. ELDERLY CARE COUNSELING SERVICES, LLC, Defendant, and HIGHMARK MEDICARE SERVICES, INC., d/b/a HIGHMARK MEDICARE SERVICES, Garnishee. ~ ~ ~~ 20tQ FE6 -4 PM 4~ t 9 CUP~P~~~~~~~~vU +~~UNTY P~t`~~tSYt..V~l~€li~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION Docket No. 09-8376 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the property of Defendant in the possession of Garnishee, Highmark Medicare Services, Inc. d/b/a Highmark Medicare Services upon payment of your costs. Dated: ~' 4 ~~ F H IMER &EICHEN LLP 1800 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 (215) 253-6630 Attorneys for Plaintiff; Hub Properties Trust John J. Jack~I(PA Attorney ID No. 67477) David C. B (PA Attorney ID No. 206191) ~8.0o P D A T''1~^/ ~~ ~a47 ex~ a3~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~ !1~/Ct U~ ~~ Sheriff Jody S Smith ~`° '`~ ~ J chief Deputy ~G ~ ~~ T~ Ll~Lrtb Richard W Stewart `"°"~ SOllCltOf C)FF~GE CIF ~E S~ERIFE ~.f/f~Y/ HU8 Properties Trust vs. Case Number Elderly Care Counseling Services, LLC 2009-15499 SHERIFF'S RETURN OF SERVICE 12/07/2009 10:55 AM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 7, 2009 of 1054 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Elderly Care Counseling Services, LLC , in the hands, possession, or control of the within named garnishee, Highmark Medicare Services, Inc., d/b/a Highmark Medicare Services, 1800 Center Street, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Salley McCoy, paralegal, personally three (3) true and attested copies of the writ of execution and made the contents there of known to her. No interrogatories were served as none were received. A copy of the writ of execution was mailed to Elderly Care Counseling Services, LLC, 642 Cowpath Road, #393, Lansdale, PA 19446. 07/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is. returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $131.97 July 01, 2010 SO ANSWERS, ----1•a-..~ RONNY R,.ANDERSON, SHERIFF BY haron R. Lantz