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Home My WebLink About11-0093 too r^ No. 11- 9 3 of:( +f---A- IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ETTLINE FOODS CORPORATION 2010-SU-2402-01 525 STATE ST PO BOX 563 YORK PA 17405 VERSUS °?tC0 YORK ROAD DINER INC & ALBERTO MOLINO & I r7l ROCKVILLE DINER INC 547 BOXWOOD LANE CARLISLE PA 17015 & -n 160 YORK RD CARLISLE PA 17033 C? 71 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. 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 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 HWERE YOU CAN GET LEGAL HELP. 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ATTORNEY CONNECTION OF THE YORK COUNTY BAR ASSOCIATION 137 EAST MARKET ST YORK, PA 17401 TELEPHONE NO. (717) 854-8755 WWW.YORKBAR.ORG/ATTORNEYCONNECTION 3'1, 0 P a d Q -) Ma Q? ?3 zyS 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 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ETTLINE FOODS CORPORATION 2010-SU-2402-01 VERSUS YORK ROAD DINER INC & ALBERTO MOLINO & ROCKVILLE DINER INC CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above name defendant, claim exemption of property from levy or attachment: upon, kind) : (1) From my personal property in my possession which has been levied (a) I desire that my $300.00 statutory exemption be [ ] ( i ) set aside in kind (specify property to be set aside in [ ] (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: (a) My $300.00 statutory exemption: [ in cash; [ ] in kind (specify property) (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: (include address and telephone number) I verify that the statements made in this Claim for Exemption are true & correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: DEFENDANT: THIS CLAIM TO BE FILED WITH: CUMBERLAND COUNTY SHERIFF OFFICE 1 COURTHOUSE SQUARE CARLISLE PA 17013 717-240-6195 Note: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, the garnishee's name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice. In the Court of Common Pleas of York County, Pennsylvania WRIT OF EXECUTION ETTLINE FOODS CORPORATION Case No. 2010-SU-2402-01 Vs. YORK ROAD DINER INC & ALBERTO MOLINO & ROCKVILLE DINER INC To the Sheriff of CUMBERLAND County: To satisfy the judgment, interest and costs against YORK ROAD DINER INC & ALBERTO MOLINO & ROCKVILLE DINER INC 547 BOXWOOD LANE CARLISLE PA 17015 & 160 YORK RD CARLISLE PA 17033, Defendant, (1) you are directed to levy upon the property of the Defendant and to sell the Defendant's interest therein; (2) you are also directed to attach the property of the Defendant not levied upon in the possession of , Garnishee, (Specifically describe property) ANY AND ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO CASH, FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, LAWN AND GARDEN EQUIPMENT, HOUSEHOLD GOODS, APPLIANCES, ETC and to notify the Garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the Garnishee is enjoined from paying any deft to or for the account of the Defendant and from' delivering any property of the Defendant or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the Defendant with a bank or other financial institution containing any funds which 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. (ii) each account of the Defendant with a bank of other financial institution in which funds on deposit exceed $10,000 at any time if all 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. (iii) any funds in an account of the defendant with a bank of other financial institution 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. § 8123. 2010-SU-2402-01 (3) if property of the Defendant not levied upon and subject to attachment is found in the possession of anyone other than a named Garnishee, you are directed to notify such other person that he or she has been added as a Garnishee and is enjoined as above stated. Amount of judgment: $21,189.43 Docket costs: $366.67 Amount of interest: $ 309.72 @ 6% FROM 11-8-10 $ 3.48 PER DIEM Attorney fees/Commission: $1,059.47 @50 plus Sheriff's costs. 2n Seal of the Court PAMELA S. LEE, ROTHONOTARY MYCOMMISSION EXPIRES dA?Jd? i 2012 Prothonotary I I Date: 11-10-10 By Deputy Requested by: ROBERT K KODAK ESQ PLAINTIFFS ATTORNEY P 0 BOX 11848 HARRISBURG PA 17108 717-238-7159 PA ID # 18041 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ETTLINE FOODS CORPORATION " Afi 2010-SIJ-2402-01 525 STATE ST PO BOX 563 YORK PA 17405 ERSUS rioO ® y (?? S'T ?1 B?X? l?is/e;OA /7vij YORK ROAD DINER INC & ALBERTO-MOLINO & ' ROCKVILLE DINER IN, I 547 BOXWOOD LANE CARL LE PA 17015 & ?7?okWUJd C 160 YORK RD CARLISLE PA 17033 CPi/?slc /,4 1706 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. 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 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 HWERE YOU CAN GET LEGAL HELP. 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ATTORNEY CONNECTION OF THE YORK COUNTY BAR ASSOCIATION 137 EAST MARKET ST YORK, PA 17401 TELEPHONE NO. (717) 854-8755 WWW.YORKBAR.ORG/ATTORNEYCONNECTION 2010-SU-2402-01 F(3)if property of the Defendant not levied upon and subject to attachment is found in the possession of anyone other than a named Garnishee, you are directed to notify such other person that he or she has been added as a Garnishee and is enjoined as above stated. Amount of judgment: $21,189.43 Docket costs: $366.67 Amount of interest: $ 309.72 @ 6% FROM 11-8-10 $ 3.48 PER DIEM Attorney fees/Commission: $1,059.47 @5% plus Sheriff's costs. Seal of the Court PAMELA S. LEE, 1ROTHONOTTAARRVy MY COMMISSION EXPIRE-8 jANUARY % 2012 Prothonotary Date: 11-10-10 -- B Y Deputy Requested by: ROBERT K KODAK ESQ PLAINTIFFS ATTORNEY P 0 BOX 11848 HARRISBURG PA 17108 717-238-7159 PA ID # 1804E SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sherd Jody S Smith: Chief Deputy' = E > Richard W Stewart a `3's Solicitor OFFICE OF THE VF.iFF 3 t V ? Ettline Foods Corporation vs. Alberto Molino (et al.) Case Number 2010-SU-2402-01 SHERIFF'S RETURN OF SERVICE 01/11/2011 09:56 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 0936 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Alberto Molino personal guarantor, by making known unto Alberto Molino, at 547 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 01-13-11. 01/11/2011 William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 0936 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Alberto Molino, personal guarantor and Rockville Diner, Inc., by making known unto Alberto Molino, at 547 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 01-13-11. 01/11/2011 09:55 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 0936 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: York Road Diner, Inc., by making known unto Ruby Molino, at 160 York Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed. Ruby Molino provided a copy of the lease that shows all tangible property located inside the restaurant is owned by the landlord. Copy of lease maintained by the Sheriffs office; copy of the lease mailed to Attorney Kodak. 01/26/2012 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: $140.86 January 26, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;C; Coup ;Suite Shenff. Teieosof[. Jr-