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Home My WebLink About11-9236WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-9236 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CU BERLAND COUNTY: To satisfy the debt, inte st and costs due CAPITAL BEHAVIORAL HEALTH, LLC Plaintiff (s) From CAPITOL MEDICAL CENTER, LLC. 1304 RHODE ISLAND AVENUE, WASHINGTON, D.C.20005 (1) You are directed to levylupon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: HIGHMARK MEDICARE SERVICES, INC., 1800 CENTER STREET, CAMP HILL, PA 17011 and to notify the garnishee(s) ghat: (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 name garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as Bove stated. Amount Due $9,864,492.651 L.L. $.50 Interest FROM 2/11/11 - 12/14/11 AT 3% PER ANNUM : $254,994.95 Atty's Comm % Due Prothy $2.00 Atty Paid $601.00 Other Costs: Plaintiff Paid Date: DECEMBER 27,201, D ell, Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL J. BARRi Address: BENESCH FRIED ONE LIBERTY PI 1650 MARKET S71PHILADELPHIA,II Attorney for: PLAINTIFF Telephone: 267-207-2947 Supreme Court ID No. 85625 it ESQ. ,NDER COPLAN & ARONOFF LLP T, SUITE 3628 PA 19103 BENESCH, FRIEDLAN DER, COPLAN & ARONOFF LLP Michael J. Barrie, Esquire (D No. 85625) mbarrie@beneschlaw.com One Liberty Place 1650 Market Street, Suite 3628 Philadelphia, PA 19103 (267) 207-2947 (Telephone) (267) 207-2949 (Facsimile) .Attorneys for Plaintiff Capital Behavioral Health, LLC F LEb=OEFICE I HE PROTHONOTARY 2311 DEC 21 AM 9: 53 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CAPITAL BEHAVIORAL HEALTH, LLC, Plaintiff/Judgment Creditor, Civil No. 11-9236 V. I CAPITOL MEDICAL CET 130q Rhode Isla; Defendant/J ?Sk??or? `? • C• LLC, w0we nt Debtor oS PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY, ISSUE WRIT OF EXECUTION in the above matter: (1) directed to the Sheriff of Cumberland County (2) against Capitol Medical Center, LLC, Defendant; and (3) against HighmarlC Medicare Services Inc., Garnishee. 4 &00 e04? a' Amount Due: $ 9,864,492.65 Interest from 02/11/11 - 12/14/11 at 3% per annum: $254,994.95 S45- 00 CJ?t- Costs to be added: $ d1.00 +t Attorneys' fees to be added: $ 00, SD Plus, continuing interest at the rate of 'Pei a judgment rate of 6% per annum after 12/14/11: $ 14,594.04 00 _ /971 12 U,?? 71" i i Dated: December 23, 2011 OF COUNSEL: Michael J. Klyce, Jr. Joseph F. Fiorill Katten Muchin Rosenman ILLP 2900 K Street NW North Tower - Suite 200 Washington, D.C. 20007-5118 Telephone: (202)625-3500 Facsimile: (202) 298-75701 ENESCH FRIEDLANDER & AR FF LLP iMi ael J. Barrie (85625) mbarrie@beneschlaw.com One Liberty Place 1650 Market Street, Suite 3628 Philadelphia, PA 19103-7301 Telephone: (267)207-2947 Facsimile: (267) 207-2949 Attorneys for Plaintiff/Judgment Creditor Capital Behavioral Health, LLC -2- BENESCH, FRIEDLAND Michael J. Barrie, Esquire mbarrie@beneschlaw.com One Liberty Place 1650 Market Street, Suite 31 Philadelphia, PA 19103 (267) 207-2947 (Telephone (267) 207-2949 (Facsimile) Attorneys for Plaintiff Capin Health, LLC IN THE COURT OF C ER, COPLAN & ARONOFF LLP [D No. 85625) 8 Behavioral ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CAPITAL BEHAVIORAL HEALTH, LLC, Creditor, V. CAPITOL MEDICAL CENTER, LLC, Defendant/Juldament Debtor. : Civil No. 11-9236 WRIT OF EXECUTION I COMMONWEALTH OF PE SYLVANIA COUNTY OF CUMBERLA D I TO THE SHERIFF OF CUMOERLAND COUNTY: To satisfy the judgment, interest and costs against Capitol Medical Center, LLC, Defendant in the above matte (1) You are directed to levy on the property of the Defendant and to sell Defendant's interest therein. (2) You are also directed to a ach the property of the Defendant not levied upon in the possession of Highmark Medicare Servic Inc., as Garnishee, all sums due Defendant from Garnishee and all property of Defendant posses ed by Garnishee, and to notify the Garnishee that: (a) an attachmen has been issued; (b) except as pro ided in paragraph (c), the Garnishee is enjoined from paying any debt to or for the account of the efendant and from delivering any property of the Defendant or otherwise disposing thereof; (c) the attachmen shall not include: any funds in an account of the defendant with a bank or other financial institut on: (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 or other financial institution in which funds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring bass and are identified as being funds that upon deposit are exempt from execution, le or attachment under Pennsylvania or federal law; (iii) any f 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 ands shall be set aside pursuant to the defendant's general exemption provided in 4 Pa.C.S. § 8123. (3) If property of the Defendant not levied upon and subject to attachment is found in the possession of anyone other than a named G ishee, you are directed to notify him or her that he or she has been added as garnishee and are enjoined as above stated. I Amount Due: $ 9,864,492.65 Interest from 11/22/10 - 02/11/11: $ 254,994.95 Costs to be added: $ Attorneys' fees to be added: $ Plus, continuing interest at the judgment rate of 6% per annum after 02/11/11: $ 14,594.04 IIII ICI Prothonotary Seal of the Court By: Deputy Date: -2- BENESCH, FRIEDLANE Michael J. Barrie, Esquire mbarrie@beneschlaw.com One Liberty Place 1650 Market Street, Suite 3 Philadelphia, PA 19103 (267) 207-2947 (Telephone (267) 207-2949 (Facsimile) Attorneys for Plaintiff Capin Health, LLC IN THE COURT OF CC t, COPLAN & ARONOFF LLP No. 85625) Behavioral ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CAPITAL BEHAVIORAL Plaintiff/Jud V. CAPITOL MEDICAL CET Defendant/Ji TH, LLC, Creditor, : Civil No. 11-9236 LLC, Debtor. WRIT OF EXECUTION - NOTICE This paper is a writ o execution. It has been issued because there is a judgment against you. It may cause your property to b held or taken to pay the judgment. You may have legal rights to prevent your property from being take n. 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 $3 0.00. There are other exemptions that may be applicable to you. Attached is a summary of some of the ma or exemptions. You may have other exemptions or other rights. If you have an exemp ion, you should do the following promptly: (1) Fill out the a ched claim form and demand for a prompt hearing. (2) Deliver the f rm or mail it to the sheriff's office at the address noted. You should come to ?urt ready to explain your exemption. If you do not come to court and prove your exemption, you m #y lose some of your property. This and any future communication from our debt collection firm are attempts to collect a debt, and information obtained will be used for that purpose. -3- YOU SHOULD TAKE T IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA YER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. HIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AF ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (Telephone) (800) 990-9108 (Telephone - in PA only) MAJOR EXEMPTIONS (1) $300.00 st (2) Bibles, scl (3) Most wages (4) Social secur (5) Certain retir (6) Certain vete (7) Certain insu (8) Such other e DER PENNSYLVANIA AND FEDERAL LAW )ry exemption books, sewing machines, uniforms, and equipment id unemployment compensation benefits tent funds and accounts i and armed forces benefits ice proceeds as may be provided by law -4- BENESCH, FRIEDLAN EI Michael J. Barrie, Esquire (ID mbarrie@beneschlaw.com One Liberty Place 1650 Market Street, Suite 3?2f Philadelphia, PA 19103 (267) 207-2947 (Telephone (267) 207-2949 (Facsimile) .Attorneys for Plaintiff Capi al Health, LLC IN THE COURT OF CC t, COPLAN & ARONOFF LLP No. 85625) Behavioral ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CAPITAL BEHAVIORAL Plaintiff/Jud V. CAPITOL MEDICAL CET Defendant/Ji ,TH, LLC, Creditor, Civil No. 11-9236 LLC, Debtor. CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above-named (1) From my p (a) I di [] (2) ;fendant, claim exemption of property from levy or attachment: ;oval property in my possession that has been levied upon: re that my $300.00 statutory exemption be: aside in kind (specify property to be set aside in kind): id in cash following the sale of the property levied upon or (b) I claim the following exemption (specify property and basis of exemption): From my property that is in the possession of a third party, I claim the following exemptions: (a) My $ 00.00 statutory exemption: [ ] in cash; [ ] in kind (specify property): (b) Social security benefits on deposit in the amount of $ (c) Othe (specify amount and basis of exemption): -5- I request a prompt coi rt hearing to determine the exemption. Notice of the hearing should be given to me at: telephone no. I verify that the sta that false statements herein falsification to authorities. Date: THIS CLAIM TO BE address ;nts made in this claim for exemptions are true and correct. I understand made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn Defendant: WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: 1 Courthouse Square Room 303 Carlisle, PA 17013 (717) 240-6390 (Telephone) -6- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy GFp???b r?COO, o l ell IT I pHTHOrl0 Try :. . 2012 jAN -9 AM 9'. 26 Richard W Stewart Solicitor 'CUMBERLAND COUNTY Capital Behavioral Health, LLC vs. Capital Medical Center, LLC Case Number 2011-9236 SHERIFF'S RETURN OF SERVICE 01/04/2012 02:00 PM - Tim Black, 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, Highmark Medical Services, Inc. at 1800 Centre Street, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County, by handing to ROBIN WALKER, LAW DEPARTMENT, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 5, 2012 to Capitol Medical Center, LLC, 1304 Rhode Island Avenue, Washington, D.C. 20005. SO ANSWERS, January 05, 2012 RbNO'rY R ANDERSON, SHERIFF Tfny(B1ack, Deputy lc) Gou ltySuite s +2ntt. ie!eos'o*`' inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson y S Smith def Deputy ui,iniUrryr??? i HF F',`ITr C"` , Richard W Stewart Solicitor 2012 MAR -I PM 2: 04 [:UMBERLANO COUNT%" PENNSYLVANIA Capital Behavioral Health, LLC Case Number vs. Capital Medical Center, LLC 2011-9236 SHERIFF'S RETURN OF SERVICE 01/04/2012 02:00 PM - Tim Black, 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, Highmark Medical Services, Inc. at 1800 Centre Street, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County, by handing to ROBIN WALKER, LAW DEPARTMENT, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 5, 2012 to Capitol Medical Center, LLC, 1304 Rhode Island Avenue, Washington, D.C. 20005. 02/29/2012 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: $97.75 SO ANSWERS, February 29, 2012 RON R ANDERSON, SHERIFF BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP Michael J. Barrie, Esquire (ID No. 85625) tl12 MAR 16 AM 10: 2a One Liberty Place 1650 Market Street, Suite 3628 "IUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA (267) 207-2947 (Telephone) (267) 207-2949 (Facsimile) mbarrie@beneschlaw.com Attorneys for Plaintiff Capital Behavioral Health, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CAPITAL BEHAVIORAL HEALTH, LLC, Plaintiff/Judgment Creditor, V. CAPITOL MEDICAL CENTER, LLC, Defendant/Judgment Debtor. Civil No. 11-9236 PRAECIPE TO DISCONTINUE AND END CASE TO THE PROTHONOTARY: Please enter a discontinuance in the above-captioned action as Plaintiff has voluntarily terminated the action as to the Defendant with the parties to bear their own costs. Dated: March 14, 2012 BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP By: Michael J. Barrie (Pa. I.D. No. 85625) One Liberty Place 1650 Market Street, Suite 3628 Philadelphia PA 19103 (267) 207-2947 telephone (267) 207-2949 facsimile Attorneys for Plaintiff Capital Behavioral Health, LLC 7029577_I.DOC