HomeMy WebLinkAbout11-2558SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Paramount Contracting, Inc.
vs.
Gateway Construction, Inc.
Case Number
CI-10-12494
SHERIFF'S RETURN OF SERVICE
03/0712011 12:05 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March
7, 2011 at 1205 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Gateway Construction, by making known unto Perry Smith, President, at 5 Radam Street, Summerdale,
Cumberland County, Pennsylvania 17093 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 not completed as
we currently have an open levy against this defendant. That levy information was verified. Postcard and
copy of levy mailed to attorney and letter mailed to defendant on March 9, 2011.
04/01/2011 02:05 PM - Sale bill posted on April 1, 2011 at 1400 hours by Deputy Black. Sale date set for Thursday,
April 28, 2011 at 1500 hours. Copy of sale bill mailed to Attorney Zellner.
04/2812011 On this date fax was received from Jennifer Breneman to postpone the sale generally.
01/25/2012 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: $156.00
January 25, 2012
SO ANSWERS,
RON ' R ANDERSON, SHERIFF
fl) Co mtLySuile Sherff. Teiecsoft. Irc.
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In the Court of Common Pleas of Lancaster County, Pennsylvania
Paramount Contracting, Inc.
vs.
Gateway Construction, Inc.
Commonwealth of Pennsylvania
County of Lancaster
CI-10-12494
WRIT OF EXECUTION
(Pa R.C.P. 3252)
To the Sheriff of Cumberland County:
To satisfy the judgment, interest and costs against Gateway Construction, Inc., defendant,
(1) you are directed to levy upon the property of the defendant and to sell the defendant's interest
therein; LEVY ON THE PERSONAL PROPERTY OF GATEWAY CONSTRUCTION, INC., LOCATED AT
5 RADAM STREET, SUMMERDALE, PA 17093.
(2) you are also directed to attach the property of the defendant not levied upon in the possession
of , (Name of Garnishee) as garnishee,
(Specifically describe
property) 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 debt 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 form execution, levy or attachment under Pennsylvania
or federal law.
(ii) each account of the defendant with a bank or 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 or 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.
TRUE COPY FROM RECORD
M Testimony whereof, l here unto set my hand
and the seal of sold Court at isle, Pa.
This _ day of. M-4 e- k 20 1
(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 due $ 67,866.59
Interest, Penalties
and Attorneys' Fees
from 11/24/2010 $ 5,460.74
Costs to be added $ 217.25 - PROTHONOTARY COSTS
RANDALL O. WENGER
(Name of P tho otary (Clerk))
Seal of the Court
F '40, '?/If
DATED: FEBRUARY 16, 2011 By
;9WWI?PROTHCN7&
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
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
In the Court of Common Pleas of Lancaster County, Pennsylvania
Paramount Contracting, Inc.
VS.
Gateway Construction, Inc.
CI-10-12494
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. 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 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lancaster Bar Association
Lawyer Referral Service
28 East Orange Street
Lancaster, PA 17602
Telephone: 717-393-0737
In the Court of Common Pleas of Lancaster County, Pennsylvania
Paramount Contracting, Inc.
vs.
CI-10-12494
Gateway Construction, Inc.
CLAIM FOR EXEMPTION
To the Sheriff of Cumberland County:
1, 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
0 (i) set aside in kind (specify property to be set aside in
kind):
0 (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 statutory exemption: a in cash; a in kind (specify property):
(b) 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.
I 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:
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6449