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HomeMy WebLinkAbout11-8831WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8831 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABBY BURKHOLDER Plaintiff (s) From JAMIE CARADINE,1303 NORTH PITT STREET, CARLISLE, PA17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONALTY LOCATED ON OR ABOUT THE PREMISES KNOWN AS 1303 NORTH PITT STREET, CARLISLE, PA 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013, ALL SUMS DUE DEFENDANT FROM GARNISHEE; ALL PROPERTY OF DEFENDANT POSSESSED BY GARNISHEE; ALL ACCOUNTS INCLUDING ALL SAVINGS, CHECKING, AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES, RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. 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$1,527.49 L.L.$.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $54.25 Other Costs: Plaintiff Paid Date: DECEMBER 9, 2011 David D. Buell, Pro onotary (Seal) B Deputy REQUESTING PARTY: Name TRICIA D. NAYLOR, ESQUIRE Address: 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 83760 IN THE COURT OF C OMMON PLEAS OF CUMBERLAND COUNTY, PENNSY Li RFI Alq ' CIVIL DIVISION t *7 C--) T'iT PRAECIPE FOR WRIT OF EXECUTION rte---? Abby Burkholder ? Confessed Judgment Plaintiff ?? Other y, w C-'rt3 vs. File No. 11-8831 Civil-Term Amount Due $1527.49 Jamie Caradine Defendant Interest Address: Atty's Comm 1303 North Pitt Street Costs Carlisle, Pennsylvania 17013 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) all personalty located on or about the premises known as 1303 North Pitt Street, Carlisle, Pennsylvania. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) all sums due defendant from garnishee; all property of defendant possessed by garnishee; all accounts including all savings, checking, and other accounts, certificates of deposit, notes, receivables, collateral, pledgesdocuments of title, securities, coupons and safe deposit boxes. ??W5 ) -t& 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 pend s again eal estate e defendant(s) described in the attached exhibit. Date ., 1- 11 Signature: Q ? o'?1-SA ed al? ??.) CIer a. s0 „ k sy as Q Print Name: Address: Attorney for: Telephone: Tr is D. Nayl 19 West South Street Carlisle, PA 17013 Plaintiff 717-249-6873 Supreme Court ID No: a Stu d , ?(,cS6Gl. C" l S l 0? a(D 8 991 83760 W/' .4 b? & -7&aeQl ABBY BURKHOLDER Plaintiff V. JAMIE CARADINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-8831 CIVIL TERM CIVIL ACTION-LAW Defendant INTERROGATORIES IN ATTACHMENT TO: Members 1" Federal Credit Union 1166 Walnut Bottom Road Carlisle, Pennsylvania 17015 R RECENEp 801i D -+ =rn ? rn ?? - , -or- -<> w ? C 'c C) zo =- -c CD You must file with the Court answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing interrogatories is affirmative, specify the amount, value and/or nature of the subject property. 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? N/74 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 or one or more other persons any property or any nature owned solely or in part by the defendant(s)? NI 3. At any 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(s) or in which defendant(s) held or claimed any interest? N ? 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? k P At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? A )p 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of the defendant(s) against you? N ],A- 7. At the time you were served or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by defendant(s). P1 ' 8. Identify every account (not previously noted), titled in the name of defendant(s) or in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. ND ?UI? S Tric' D. Nay Esquire Attorney for Plaintiff 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 Kelly L Hall (Name) Deposit Operations Analyst of Members 1 st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. //wI I /A// (SJNATURE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ???t?itp ct ?uirtZrrfr?O I `p I tF 'Wo i 2012 JAN 1 I Ate 10° 33 Richard W Stewart Solicitor Ors - CUMBERLAND C,0Ul t''t PENNSYLV "\ Abby Burkholder vs. Jamie Caradine Case Number 2011-8831 SHERIFF'S RETURN OF SERVICE 12/28/2011 10:11 AM - William Cline, Deputy, who being duly sworn according to law, attached 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, Members 1 st FCU at 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to MARISOL BARBER, ASSISTANT MGR., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 01/09/2012 09:00 PM - Ryan Burgett, Deputy , being duly sworn according to law, states that on January 09, 2012 at 9:00 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Jamie Caradine at 1303 North Pitt Street, Carlisle Borough, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on January 10, 2012. SHERIFF COST: $143.05 January 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF illia -Cline, Deputy Ryan Burgett, y ;,I tCluif;Suite Sheritf ; e,eo,ptP L^-c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor vole r Q1 ?u?ribFrt ra F FILED-OFFIC Jj; THE PRJTHONi TAPy cI)!Z APR 24 PIN 3: 23 CUMBERLAND COUNTY PENNSYLVANIA Abby Burkholder vs. Jamie Caradine Case Number 2011-8831 SHERIFF'S RETURN OF SERVICE 12/28/2011 10:11 AM - William Cline, Deputy, who being duly sworn according to law, attached 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, Members 1st FCU at 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to MARISOL BARBER, ASSISTANT MGR., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 01/09/2012 09:00 PM - Ryan Burgett, Deputy , being duly sworn according to law, states that on January 09, 2012 at 9:00 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Jamie Caradine at 1303 North Pitt Street, Carlisle Borough, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on January 10, 2012. 04/05/2012 09:14 AM - 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 1303 North Pitt Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 04/10/2012 On 04-10-12 at 1453 hours, a property claim was filed by Kurt Amende Jr., on behalf of Everblest Ministry. All parties notified by mail this date. 04/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Jamie Caradine for the sum of $ 1.00, to plaintiff Abby Burkholder, it being the highest bid and price quoted for the same. Date and Time of sale: Wednesday, April 18, 2012 at 3:00 PM at 1303 N Pitt Street, Carlisle, PA 17013. 04120/2012 Reference is made to Property Claim dated April 10, 2012, entered by Kurt F. Amende Jr., Writ of Execution No. 2011-8831, Abby Burkholder vs Jamie Caradine. Ronny R. Anderson, Sheriff, has determined that the claimant, Kurt F. Amende Jr., in the above mentioned property claim, is the owner of the property set forth in the claim. 04/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $170.54 SO ANSWERS, April 24, 2012 RON R ANDERSON, SHERIFF J-00 ,c;, Gcur t .nt,7 See ;P. T lE ?SOPt. h-c *10- SH RIFF' AL By Virtue of a Writ of Execution No. 2011-8831 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 1303 North Pitt Street, Carlisle Borough, Carlisle, PA 17013 on WEDNESDAY, APRIL 18, 2012 AT 3:00 O'CLOCK P.M. Prevailing Time, the following described property, to wit: Glass coffee table -- Corner stand ,. r. o e co ee po e stove 3 wicker stools Round metal table - 4 metal chairs - Wooden Buffet - Iron stand - Woode., chair- Dell computer Dirt devil vacuum - son vacuu / Double beds - 7 Wooden dresse. Zenith television -- Apex television - -2 woodem e s- 7 PVe4 C;rdto ? s a' "4a ex'71(w" I bed-- ?h-,aa ills M I eMs caN Ae Iq , Sh /I4Sh fed awards d 16 P149so's41FT (aft 4.3,0,D UeOOA?wj and all other personal property of defendant(s). Any person claiming any interest in said personal property shall file the same prior to the sale, with the SheriffE Office. A schedule of distribution will be filed in the Sheriffs Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriffs Office prior thereto. Seized and taken into execution to be sold as the property of JAMIE CARADINE in suit of ABBY BURKHOLDER and to be sold by me. Attorney for the Plaintiff: Tricia D. Naylor RONNY R ANDERSON, Sheriff Carlisle, PA CUMBERLAND COUNTY, Pennsylvania ,) Cou v S me Sr e e.POSO't_ in:; Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Jamie Caradine, of 1303 N Pitt Street, Carlisle, PA 17013, for the sum of $1.00, to Abby Burkholder, it being the highest bid and price quoted for the same. Date and Time of sale: Wednesday, April 18, 2012, 3:00 P.M.E.D.S.T., at 1303 N Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. Property sold: Glass coffee table Corner stand 3 wicker stools Round metal table 4 metal chairs Wooden buffet Iron stand Dell computer Dirt devil vacuum Bed Zenith television Apex television Sworn and Subscribed to before me this Aq7--'[ day of C64 (-< / 2012 A.D. Notary P blic NOTARIAL SEAL [Carlisle Y SMITH, NOTARY PUBLIC Boro, Cumberland County mmission Expires April 4, 2013 v Sharon R. Lantz /