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Home My WebLink About09-8538&. a?- P_-?3s- Ct; ' TL-- WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 DISCOVER BANK vs. JOSHUA A KERSTETTER, defendant SUSQUEHANNA BANK, garnishee METRO BANK, garnishee IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT NO: 2009-242 No: CV-CV-2006-00290 AMOUNT DUE: $8,783.62 LESS PAYMENTS (- 165.30) INTEREST: $1,764.41 ATTY'S COMM: $ ATTY DUE: $ PLTFF. PAID PROTHY. $ THIS WRIT PAID $28.85 CUMBERLAND CO. SHERIFF'S COSTS $ SATISFACTION $ 7.95 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO THE SHERIFF OF CUMBERLAND COUNTY, PENNA, To satisfy the judgment, interest and costs against JOSHUA A KERSTETTER, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: (Exemption Laws waived and Condemnation agreed to). (2) You are also directed to attach the property to the defendant not levied upon in the possession of SUSQUEHANNA BANK AND METRO BANK as Garnishee(s). (Specifically described property) SEE ATTACHED INTERROGATORIES And to notify the Garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property to the defendant(s) or otherwise disposing thereof. (c) the attaclrlnent shall not include any funds in an account of the 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 and 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. subparagraph 8123. (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 him that he has been added as a garnishe and is enjoined as above stated. ? Dated: 11/19/2009 BRENDA J. ALB HT Prothonotary, Cour of Co on Pleas Perry County, Pennsylv is [SEAL] WILLIAM T. MOLCZAN, ESQ WELTMAN WEINBERG REIS CO LPA 1400 KOPPER BLDG 436 SEVENTH AVENUE PITTSBURGH, PA 15219 412-434-7955 By: De uty WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINS 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 ARE LISTED BELOW. YOU MAY HAVE OTHER EXEMPTIONS OR RIGHTS. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 STA TUTOR Y EXEMPTION 2. BIBLES, SCHOOLBOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION 4. SOCIAL SECURITY BENEFITS 5. CERTAIN RETIREMENT FUNDS AND ACCOUNTS 6. CERTAIN VETERANAND ARMED FORCES BENEFITS 7. CERTAIN INSURANCE PROCEEDS 8. SUCH OTHER EXEMPTIONS AS MAYBE PROVIDED BYLAW 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 SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT TO PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. THIS CLAIM TO BE FILED WITH THE OFFICE OF. THE SHERIFF OF PERRY COUNTY, NEW BLOOMFIELD, PA 17068 CLAIM FOR EXEMPTION To the Sheriff of Perry Coufzty: : I, JOSHUA A KERSTETTER COMMERCE BANK, the above named defendant claim exemption 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 the sale of the property levied upon, or (b) I claim the following exemption (specify property and basis of exemptions: 2. From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption ( ) In cash ( ) In kind ( ) please specify: (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption):$ I request a prompt hearing to determine the exemption. Notice of the hearing should be given me at: 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. (4909) relating to unsworn falsification to authorities. Dated: Defendant FILED--0)i ICE OF THE P???ak'-"' Hr,lN0TARY 2009 DEC I I APB 8: 26 UIViL"i j NT), OWC; 5 f 3 `Sv az r4- -7 3 `I 3-3 g9ai37y -/lam Soo (-{? w J - 90 ~> J~ '`fit . ~ 9 - ~` S3 8` Cam./ /~ WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 DISCOVER BANK VS. JOSHUA A KERSTETTER, defendant SUSQUEHANNA BANK, garnishee METRO BANK, garnishee IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT No: 2009-242 No: CV-CV-2006-00290 AMOUNT DUE: $8,783.62 LESS PAYMENTS (-165.30) INTEREST: $1,764.41 ATTY'S COMM: $ ATTY DUE: $ PLTFF. PAID FROTHY. $ THIS WRIT PAID $28.85 CUMBERLAND CO. SHERIFF'S COSTS $ SATISFACTION $ 7.95 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO THE SHERIFF OF CUMBERLAND COUNTY, PENNA, To satisfy the judgment, interest and costs against JOSHUA A KERSTETTER, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: (Exemption Laws waived and Condemnation agreed to). (2) You are also directed to attach the property to the defendant not levied upon in the possession of SUSQUEHANNA BANK AND METRO BANK as Garnishee(s). (Specifically described property) SEE ATTACHED INTERROGATORIES And to notify the Garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property to the defendant(s) or otherwise disposing thereof. (c) the attachment shall not include any funds in an account of the 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 and 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. subparagraph 8123. (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 duected to notify him that he has been added as a garnishe~iand is enjoined as above stated.. ~ ~/~~/ / ~~~~~/~ Da ed: 1 i/i9/2009 BRENDA J. ALB HT Prothonotary, Co of Co on Pleas Perry County, Pennsylv 'a [SEAL] WILLIAM T. MOLCZAN, ESQ WELTMAN WEINBERG REIS CO LPA 1400 KOPPER BLDG 436 SEVENTH AVENUE PITTSBURGH, PA 15219 412-434-7955 By: .:E1~"t~~;'a~l}I y`di3B~~e~i, ~a''.0~`P,~4'I:('s~ S~t ~~ ~l~l~~:; ~:a ifit~ 5~-I Of mid Co~~ ~t C~~t~9 . Pf~itltl~NPM' WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINS 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 ARE LISTED BELOW. YOU MAY HAVE OTHER EXEMPTIONS OR RIGHTS. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 STATUTORYEXEMPTION 2. BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION 4. SOCIAL SECURITY BENEFITS S. CERTAIN RETIREMENT FUNDS AND ACCOUNTS 6. CERTAIN VETERANAND ARMED FORCES BENEFITS 7. CERTAININSURANCE PROCEEDS 8. SUCH OTHER EXEMPTIONS AS MAYBE PROVIDED BYLAW 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 SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT TO PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. THIS CLAIM TO BE FILED WITH THE OFFICE OF: THE SHERIFF OF PERRY COUNTY, NEW BLOOMFIELD, PA 17068 CLAIM FOR EXEMPTION To the Sheriff of Perry County.•: I, JOSHUA A KERSTETTER COMMERCE BANK, the above named defendant claim exemption 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 the sale of the property levied upon, or (b) I claim the following exemption (specify property and basis of exemptions: 2. From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption () In cash () In kind ( )please specify: (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption):$ I request a prompt hearing to determine the exemption. Notice of the hearing should be given me at: 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. (4909) relating to unsworn falsification to authorities. Dated: Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~Q,~utr ct ~u~br,~~'~b ~ F oFFlCE t}F THE ~l~tERIFF ~f ~4 ~ f II.C~~~ r ,~ 2QI4 JUG. - ~ P~ 2~ ~+3 ~;~~t '~.; i.{J C~lP~^ ~4 - ~:.:~~„U~1 ~Y t}~ 1 ti,~)~rl.,'d~ `Vii Discover Bank Case Number vs. „~ Joshua Kerstetter ~ _ &S3~ SHERIFF'S RETURN OF SERVICE 12/15/2009 04:48 PM -Michael Garrick, Deputy Sheriff, who being duly swom according to law, states that on December 15, 2009 at 1648 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joshua Kerstetter, in the hands, possession, or control of the within named garnishee, Metro Bank, 1249 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043, by handing to Daniel Forfaro, Bank Teller, personaNy three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 12/16/2009 04:46 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 1635 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joshua Kerstetter, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 390 East Penn Drive, Enola, Cumberland County, Pennsylvania 17025, by handing to Doris Still, Financial Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 17, 2009 to Joshua A. Kerstetter, at 5730 Spring Road, Shermansdale, PA 17090. 07!01!2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states this writ of execution is returned as ABANDONED. No action.on writ in over 6 months. SHERIFF COST: _ $ 170.24 July 01, 2010 SO ANS , RO N R ANDERSON, SHERIFF By aron R. Lant