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HomeMy WebLinkAbout11-2661SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson l ,w Sheriff f... a : 01 7 1-2 Jody S Smith Chief Deputy t' F I MAR 7 Sri' r Richard W Stewart SOIICItOr r, prpy"M ? S y f William C. Rowland, Jr. Case Number vs. Lemoyne Sleeper Co., Inc. 2011-2661 SHERIFF'S RETURN OF SERVICE 03/11/2011 12:59 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 11, 2011 at 1259 hours, he served a true copy of the within Notice Pursuant to PA Rule 236, Notice Under Rule 2958.1 of Judgment and Execution Thereon, Notice to Defendant Pursuant to 42 PA.C.S.A. 2737.1, Entry of Appearance and Praecipe to Enter Confession of Judgment for Money, Complaint in Confession of Judgment, Affidavit of Business Transaction, Affidavit of Addresses and Non-Military Service and Affidavit of Default and Income, upon the within named defendant, to wit: Lemoyne Sleeper Co., Inc., by making known unto Andrew Pearlman, President of Lemoyne Sleeper Co., Inc. at 57 S. Third Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. WILL AM CLINE, DEPUTY SHERIFF COST: $44.00 March 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-2661 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WILLIAM C. ROWLAND, JR. Plaintiff (s) From LEMOYNE SLEEPER CO, INC., 57 South 3rd Street, Lemoyne, PA 17043 and 1150 Walnut Bottom Road, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL TANGIBLE AND INTANGIBLE PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO ALL INVENTORY, FIXTURES, FITTINGS, FURNISHINGS, FURNITURE, TRADE FIXTURES, EQUIPMENT, APPLIANCES, GOODS AND SUPPLIES. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANCORP, INC., 20 NOBLE BOULEVARD, BUILDING #1, CARLISLE, PA 17013 FULTON BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050 M&T BANK CORPORATION, ONE WEST HIGH STREET, CARLISLE, PA 17013 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. Amount Due$77,997.36 Interest Atty's Comm % Atty Paid $98.50 Other Costs Plaintiff Paid Date: May 26, 2011 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 David , Prothonot By: Deputy Name JAMES L. PEARL, ESQ. Address: TEN PENN CENTER, SUITE 2300 1801 MARKET STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 267-338-1323 Supreme Court ID No. 82374 0 James L. Pearl, Esquire Attorney I.D. No. 82374 OFFIT I KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 Attorney for Plaintiff William C. Rowland, Jr. WILLIAM C. ROWLAND, JR. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. NO.: 11-2661 LEMOYNE SLEEPER CO. INC. 57 ft* ?r? %+ 1150 I t?nuk AoF (emt rte, PIA 1 ? oN D/Ifeentranstk ' pa 17oi I'C °e c PRAECIPE FOR WRIT OF EXECUTION rnm -; TO THE PROTHONOTARY: r ° ° '?° aa. z- n Issue writ of execution in the above matter, ,°c o (1) directed to the Sheriff of Cumberland County; (2) against Lemoyne Sleeper Co., Inc., Defendant; -All +",ble a^a -n ibye p.P,.sWat p„o to ,;v 40 fi3 bk} not linkiled 4t, oL(1(quevr4y, R)C},ireS J (3) against Metro Bancorp, Inc., located at 20 Noble Boulevard, Building #1, Carlisle, Pennsylvania 17013, garnishee &"n t I )ode 'Aximres (4) against Fulton Bank, located at 6520 Carlisle Pike, Mechanicsburg, Pennsylva u?VrPMen+1 17050, garnishee Af p l r art?'Gs goods ?- (5) against M&T Bank Corporation located at One West High Street, Carlisle, 54ppli es Pennsylvania 17013, garnishee (6) enter this writ in the judgment index against, Lemoyne Sleeper Co., Inc., Q Defendant. ?a+ r 24 . Sb prl ?.1? 4q.Co CBF 0'2'x. Sb u r r ?,? nor g. Sv?l al ?a.o? DUE (I. ?? . so LJ- Ck4 538V 12 J6 a5 9 %1,1 ?,Urti+ r? (7) Amount Due $94,889.02 Interest $ Costs Paid Prothonotary $ 49.6 Prothonotary $ 2440 Sheriff $ X99-@8' Subtotal: $" Less: Monies received from Defendant $16.891.66 Total Remaining Amount Due Date: May 26, 2011 $ . 3b - ?a? i -.:- U- J s L. Pearl, Esquire rney I.D. No. 82374 FIT T , KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 Attorney for Plaintiff William C. Rowland, Jr. James L. Pearl, Esquire Attorney I.D. No. 82374 OFFIT I KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 Attorney for Plaintiff William C. Rowland, Jr. WILLIAM C. ROWLAND, JR. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY . c-? CD . t'J C? V. NO.: 11-2661 -n c D r'' M c ?_- LEMOYNE SLEEPER CO., INC. "' -- • Defendant wf= ' z?• ;D-'f'n r CD Fi INTERROG ORS INA TACHMENT TO: Metro Bancorp, Inc. 20 Noble Boulevard Building #1 Carlisle, Pennsylvania 17013 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. As used herein the term "Defendant" means Lemoyne Sleeper Co., Inc. 1. At the time you were served or at any subsequent time, did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reason? If so, describe and state the value of any such property. Defendant has no accounts with Metro Bank 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one no or more other persons any property of any nature owned solely or in part by the Defendant? If so, describe and state the value of any such property. no 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which the Defendant held or claimed any interest? If so, describe and state the value of any such property and describe the Defendant's interest therein. no 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which the Defendant had any interest? If so, describe and state the value of any such property and describe the Defendant's interest therein. no 5. At any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent? If so, what was the consideration therefor? no 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the Defendant's direction or otherwise discharge any claim of the Defendant against you? If so, set forth the amount of the payment, describe and state the value of any property transferred, and set forth the nature of any claim so discharged. no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the Defendant have funds on deposit in an account 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? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the Defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify all account numbers, and titles and the balance of each account, and state whether the account is held individually, or jointly, with any other party or parties, identifying any such other parties. no Date: May 26, 2011 J es L. Pearl, Esquire hftorney I.D. No. 82374 FFIT KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 Attorney for Plaintiff William C. Rowland, Jr. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 1 ? 9?(SIGNNI`URE) SHERIFF'S OFFICE OF CUMBERLAND COUNTI,=? > =y - a=' 1 ,t Ronny R Anderson M =? C- '- Sheriff ??? f Jody S Smith Chief Deputy Richard WStewart =- rn3 Solicitor William C. Rowland, Jr. vs. Case Number Lemoyne Sleeper Co., Inc. (et al.) 2011-2661 SHERIFF'S RETURN OF SERVICE 06/09/2011 04:20 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, attached on June 9, 2011 a 1620 hours as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Fulton Bank, 6520 Carlisle Pike, Ste 200, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Alice Crossland, Customer 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. 06/10/2011 03:02 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1502 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lemoyne Sleeper Co, Inc., in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, PennsylvaniE 17013, by handing to Dan Furfaro, Customer 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 him. 06/10/2011 03:47 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1547 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lemoyne Sleeper Co., Inc., in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Marrise Saxe, Teller 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. SO ANSWERS, June 15, 2011 RON R ANDERSON, SHERIFF Ile. oce- Ti 13 ack, Deputy ci Co,,mv wife Shen `t. k eo-o'i. Iec. i BARLEY SNYDER LLC Scott F. Landis, Esquire Court I.D. No.69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 WILLIAM C. ROWLAND, JR., Plaintiff, V. LEMOYNE SLEEPER CO., INC., Defendant. Attorney for Garnishee, Fulton Bank COURT OF COMMON PLEA' :_'' ; „„ CUMBERLAND COUNTY N t-- N C_ J , No. 11-2661' - C_n p GARNISHEE FULTON BANK'S ANSWER AND NEW MATTER TO INTERROGATORIES IN ATTACHMENT Garnishee, Fulton Bank, hereby answers the Interrogatories In Attachment as follows: 1. Yes. Commercial Checking Account that had a balance, as of the service of the writ, of $51,880.33 (the "Account"). The account and the balance therein is subject to the prior perfected security interest in favor of Fulton Bank as well as Fulton Bank's common law right of set-off as more fully set forth in Garnishee's New Matter. 2. See answer to interrogatory number 1. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 32523431 GARNISHEE'S NEW MATTER forth. 9. Paragraphs 1 through 8 are hereby incorporated by reference as though fully set 10. Defendant is indebted to Fulton Bank in an amount in excess of $485,000 pursuant to one or more commercial loans (the "Loans") 11. As security for the Loans, Defendant has granted to Fulton Bank a first lien security interest in the Account. Such security interest in the Account has been perfected by virtue of Fulton Bank having possession of the Account. 12. Fulton Bank is entitled to and hereby does assert its common law right of set-off against the entire balance of the Account, in connection with the Loans. 13. As a result of the above-described security interest and right of set-off, no balance remains in the Account to which Plaintiff's writ can attach. 14. For answering these interrogatories, Fulton Bank claims a garnishee attorney fee to be taxed as part of the costs of this matter. Respectfully Submitted, BARLEY SNYDER LLC Date: June 2 2011 By: Scott F. Landis, Esquire Court I.D. #69798 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Attorney for Garnishee 2 VERIFICATION I, Jeffrey Valentine, hereby declare that I am an authorized representative of Fulton Bank, that the facts set forth in the foregoing Garnishee's Answer and New Matter to Interrogatories in Attachment are true to the best of my knowledge, information, and belief; and that I make this verification subject to the penalties of 18 Pa. C. S. § 4904 pertaining to false statement to authorities. Dated: (Jeffrey Valentine Fulton Bank CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Garnishee's Answer and New Matter to Interrogatories in Attachment, was served by depositing same in the United States First Class Mail, postage prepaid, on the 21I day of June, 2011. James I. Pearl, Esquire Offit Kurman Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, PA 19103 Lemoyne Sleeper Co., Inc. 57 South Third Street PO Box 227 Lemoyne, PA 17043 BARLEY SNYDER LLC ;?7 Dated: (G' 2? ll By: FQgwd'f Lan , Esquire Court I.D. #69798 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Attorney for Garnishee 4 James L. Pearl, Esquire Attorney I.D. No. 82374 OFFIT I KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 WILLIAM C. ROWLAND, JR. V. Plaintiff Attorney for Plaintiff William C. Rowland, Jr. Q > c? .d::* y . COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-2661 LEMOYNE SLEEPER CO., INC Defendant AhSiner5 4o INTERROGATORIES IN ATTACHMENT TO: M&T Bank Corporation One West High Street Carlisle, Pennsylvania 17013 e-? rn Co "Z c r.j c_ N w xft rn '-, -D -ri ,•? C i ,.? fry .-. f -rY You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. As used herein the term "Defendant" means Lemoyne Sleeper Co., Inc. 1. At the time you were served or at any subsequent time, did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reason? If so, describe and state the value of any such property. 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? If so, describe and state the value of any such property. 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which the Defendant held or claimed any interest? If so, describe and state the value of any such property and describe the Defendant's interest therein. ?N?l 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which the Defendant had any interest? If so, describe and state the value of any such property and describe the Defendant's interest therein. \1\1?1 5. At any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent? If so, what was the consideration therefor? ?\N? 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the Defendant's direction or otherwise discharge any claim of the Defendant against you? If so, set forth the amount of the payment, describe and state the value of any property transferred, and set forth the nature of any claim so discharged. \\ 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the Defendant have funds on deposit in an account 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? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the Defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify all account numbers, and titles and the balance of each account, and state whether the account is held individually, or jointly, with any other party or parties, identifying any such other parties. 1 j? Date: May 26, 2011 ?4r- 10 \U ?E NK 1TO 1-1 es L. Pearl, Esquire ttorney I.D. No. 82374 d FFIT KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 Attorney for Plaintiff William C. Rowland, Jr. James L. Pearl, Esquire Attorney I.D. No. 82374 OFFIT I KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 WILLIAM C. ROWLAND, JR. Plaintiff V. LEMOYNE SLEEPER CO., INC Defendant Attorney for Plaintiff William C. Rowland, Jr. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-2661 : c ma; 2rn C z;0 cnr- r° D rZ IPE TO DISCONTINUE ATTACHMENT AGAINSTnc 3 GARNISHEE M&T BANK CORPORATION y 2 E5 TO THE PROTHONOTARY: ?rn ao ? C3 , =o 0 on ?M b In connection with the above-captioned matter, kindly discontinue the attachment against M&T Bank Corporation, as garnishee. Date: June 30, 2011 J Wes L. Pearl, Esquire orney I.D. No. 82374 FFIT I KURMAN Ten Penn Center, Suite 2300 1801 Market Street Philadelphia, Pennsylvania 19103 (267) 338-1323 Attorney for Plaintiff William C. Rowland, Jr. avvt'% &(b Fd 01? e ok s?fo SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ILED-OF F iC Sheriff ?s of 4?r,nr wl I PROTNCM ,' ,$``'' Y? Jody S Smith 2011 JUL 19 PM 3: 55 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor' PENNSYLVANIA William C. Rowland, Jr. Case Number vs. 2011-2661 Lemoyne Sleeper Co., Inc. (et al.) SHERIFF'S RETURN OF SERVICE 06/09/2011 04:20 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, attached on June 9, 2011 a 1620 hours as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Fulton Bank, 6520 Carlisle Pike, Ste 200, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Alice Crossland, Customer 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. 06/10/2011 03:02 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1502 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lemoyne Sleeper Co, Inc., in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvani,, 17013, by handing to Dan Furfaro, Customer 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 him. 06/10/2011 03:47 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1547 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lemoyne Sleeper Co., Inc., in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Marrise Saxe, Teller 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. 07/01/2011 10:40 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be ANTONIO DE BIEN (OWNERS SON), who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Lemoyne Sleeper Company at 1150 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17043, informed person of contents of same and levied upon personal property as directed. 07/08/2011 02:52 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be ANDY PEARLMAN PRESIDENT, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Lemoyne Sleeper Co., Inc. at 57 S. Third Street, Lemoyne Borough, Lemoyne, PA 17043, informed person of contents of same and levied upon personal property as directed. 07/19/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $255.60 SO ANSWERS, July 19, 2011 RON R ANDERS N, SHERIFF BY. !c`. GountYSwtc, SF2r!f, ie esoft In;;.