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Home My WebLink About11-2992WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-2992 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ESTATE OF VINCENT SCHIANO Plaintiff (s) From PORFIRIO CAMMAROTA, 1330 Yorkshire Place, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY, ASSETS, INCLUDING CASH REGISTER CONTENTS, EQUIPMENT, INVENTORY, VEHICLES LOCATED AT AND ALL OTHER PROPERTY LOCATED AT VINNIE'S PIZZA, 100 2ND STREET, WEST FAIRVIEW, PA 17025. WRIT TO INCLUDE INSTRUCTION THAT BUSINESS OPERATION IS TO BE DISCONTINUED AND POSSESSION THEREOF PEACEABLY RETURNED TO PLAINTIFF. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $38,527.50 Interest AT LEGAL RATE (6%) FROM 3/11/11 Atty's Comm % Atty Paid $54.00 Plaintiff Paid Date: 3/29/11 (Seal) REQUESTING PARTY: Name MICHAEL L. SOLOMON, ESQUIRE L.L.$.50 Due Prothy $2.00 Other Costs I 1-41-azL David D. Buell, Prothonotary By: Deputy Address: COHEN SEGLIAS PALLAS GREENHALL & FURMAN PC 240 NORTH THIRD STREET, 7TH FLOOR HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-234-5530 Supreme Court ID No. 36031 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Estate of Vincent Schiano Plaintitt VS. Porfirio Cammarota Defendant Address: 1330 Yorkshire Place Enola, PA 17025 ?? Confessed Judgment ? Other C) r-') C C= =M -P.;:o cn ? rv File No. 11-2992 Civil Term Amount Due 38,527.50 =C) o Interest at legal rate (6%) - 3_(1-11 r" Atty's Comm costs tbd TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all personal property, assets, including cash register contents, equipment, inventory, vehicles located at and all other property located at Vinnie's Pizza, 100 2nd Street, West Fairview (East Pennsboro Township), PA 17025. Writ to include instruction that business operation is to be discontinued and possession thereof peaceably returned to Plaintiff. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date ?,7?k Signature: Print Name: ? apt. ° so c(3 F v a? a 150 a44 Address: Attorney for: Telephone: pendens against real estate of the m ael L. Solomon, Esq. 240 North Third Street, 7th Floor Harrisburg, PA 17101 Plaintiff 717-234-5530 Supreme Court ID No: $, 56 LG ?k? 51 S 36031 q) r-- b? FX W_J --t ca-;"t C C5 ,T. COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. BY: Michael L. Solomon, Esquire Identification No.: 36031 240 North Third Street, 7"' Floor Harrisburg, PA 17101 (717) 234-5530 ESTATE OF VINCENT SCHIANO, Deceased Francine Foltz, Executrix 179 Simmons Road Mechanicsburg, PA 17055 Plaintiff, V. PORFIRIO CAMMAROTA 1330 Yorkshire Place Enola, PA 17025 Defendant. FiL-' D-0 FICE' ? 71F Pi OTHONOTAR)" 2011 APP, -8 Ail 9: I IT-01 BBRLAND C0U14T P-r-NNSYLVANIA Attorneys for Plaintiff, Estate of Vincent Schiano. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 11-2992 Civil Term NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rishts To: Porfirio Cammarota, Defendant A judgment in the amount of $38,527.50 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, PA 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: 4?1 1 ? COHEN SEGLIAS PALLAS, URMANN, P.C. GREENHALL & Fa':PX006-. BY: C. Michael L. Solomon, Esquire Attorney for Plaintiff, Estate of Vincent Schiano F, ESTATE OF VINCENT SCHIANO, Deceased Francine Foltz, Executrix 179 Simmons Road Mechanicsburg, PA 17055 Plaintiff, V. PORFIRIO CAMMAROTA 1330 Yorkshire Place Enola, PA 17025 Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 11-2992 Civil Term PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing 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. Notice of the hearing should be given to me at: Street Address City, State Telephone Number Dated: Defendant # 1252750-v 102820-0004 r ESTATE OF VINCENT SCHIANO, DECEASED FRANCINE FOLTZ, EXECUTRIX, PLAINTIFF V. PORFIRIO CAMMAROTA, DEFENDANT AND NOW, this IN THE COURT OF COMMON PP AVC)F CUMBERLAND COUNTY, PE YL_ w _ .,._.? . a 11-2992 CIVIL TERM ORDER OF COURT day of May, 2011, a hearing on the within petition shall commence at 1:30 p.m., Thursday, May 5, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masi nd, J. 'Michael L. Solomon, Esquire 240 North Third Street, 7th Floor Harrisburg, PA 17101 For Plaintiff ? Porfirio Cammarota 100 S. Second Street Enola, PA 17025 Sheriff -in hin C oax',? op 0? 14 1( 0 saa SHERIFF'S OFFICE OF CUMBERLAND COUNTY ry R Anderson ,riff - Jody S Smith Chief Deputy PSI Richard W Stewart Solicitor _ !1(?` L.,;r `. l l Estate of Vincent Schiano vs. Case Number Porfirio Cammarota 2011-2992 SHERIFF'S RETURN OF SERVICE 04/30/2011 12:27 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2011 at 1227 hours, she served a true copy of the within writ of execution and a Notice under Rule 2958.3 of Judgement and Execution Thereon upon the defendant, to wit: Porfirio Cammarota, by making known unto Porfirio Cammarota, at 100 2nd Street, West Fairview, Cumberland County, Pennsylvania 17025 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 May 5, 2011. 05/02/2011 Defendant signed the Notice under Rule 2958.3 to request a prompt hearing. Taken to Court Administration to schedule hearing. 05/02/2011 ORDER OF COURT - And now, this 2nd day of May, 2011, a hearing on the within petition shall commence at 1:30 p.m., Thursday, May 5, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, Judge 05/05/2011 May 5, 2011 - Hearing cancelled. 10/24/2011 Deputy Michelle Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill, in the above titled action, upon the property located at 100 2nd Street, West Fairview Borough/East Penn, West Fairview, PA 17025, Cumberland County. 11/01/2011 Sheriff Sale scheduled for November 2, 2011 postponed. 06/05/2012 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: $119.63 SO ANSWERS, June 05, 2012 RON R ANDERSON, SHERIFF r; Cain 5 t . 7h°?-`T, l Iczcso+.4, Inc.