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HomeMy WebLinkAbout11-9375WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-9375 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONWIDE LIFE INSURANCE COMPANY Plaintiff (s) From SAMUEL A. PHILLIPS, 3804 CHIPPENHAM ROAD, MECHANICSBURG, PA 17050 (I )You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE- NAMED DEFENDANT(S). (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 BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013, ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDING, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S), WHICH ARE IN POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE. 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$11,181.58 Interest 392.04 Atty's Comm % Atty Paid $58.75 Plaintiff Paid Date: July 24, 2012 (Seal) L.L. $ .50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : RONALD AMATO, ESQUIRE Address: AMATO AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 32323 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW `R7 a* A J NATIONWIDE LIFE INSURANCE V-UMPANY CIVIL ACTION NO. 1 1-9375 Civil Plaintiff VS. Amount Due $ 11,181.58 SAMUEL A. PHILLIPS Ck`Q?ftVu"'? Interest $ 392.04 jLI Payments $ 0.00 Defendant(s) 'Meet. 9%R 17°$a Costs $ rnm z.. Poundage $ s rr- METRO BANK uZir`- 6S I?Sk?Q G nishee r-? Total $ 11,573.62 n ,y?isle? (?I? l70?3 z _ To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a 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 cas on hand or in the possession of the defendants accounts receivables furniture furnishin s equipment, inventor tools electronic equipment, vehicles an and all other ersonal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF 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: All Property of the above-named defendants including, without limitation all savings and checkin accounts certificates of deposit, mone market accounts deposits an all debts and other property and/or obligations owin from the above-named arnishee to th above named defendants includin but not limited to account # and an account owne sole) or in art b the above-named defendants which are in the possession, custod and/or control of said garnishee(s). 00 at? AMATO AND LESSA, P.C. '.'Qs COF By: p? a Ronald Amato, Esq., Atty ID #32323 75 t Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way $2 •as^ Bethlehem, PA 18017 LA (610) 866-0400 4ttorney File#: 2100115 39D-0 A DEBT COLLECTION LAW FIRM Ma11334 U--)C •A- OF & s . -; ; M7= C) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor J LJ Nationwide Life Insurance Company Case Number V& Samuel Phillips :2011-9375 SHERIFF'S RETURN OF' SERVICE 07/26/2012 03:19 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 26? 2012 at 1519 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and moniies of the within named defendant, to wit: Samuel Phillips in the hands, possession, or control of the within: named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 1701$, by handing to Evie Birtch, 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. SO ANSWERS, July 27, 2012 RON R ANDERSON, SHERIFF Ryan Burgett, Deputy EN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAE?IIA CIVIL ACTION - LAW NATIONWIDE LIFE INSURANCE COMPANY Plaintiff vs. SAMUEL A. PHILLIPS METRO BANK Defendant(s) i*tE rn :C- C= r ti r No. 11-9375 Civil z , Z r` ; ?c°' c n 7? c? s =;F ` Zo c , z 77 . CIVIL ACTION > Garnishee INTERROGATORIES TO GARNISHEE To: METRO BANK, Garnishee 65 Ashland Avenue, Carlisle PA 17013 You are required to submit answers to the following interrogatories within twenty (20) day: after service upon you. Failure to do so may result in a judgment being entered against you 1 . At the time you were served or at any subsequent time did you owe th defendant any money or were you liable to the defendant on any negotiable or other writte instrument, or did the defendant claim that you owed the defendant any money or were liabl to the defendant for any reason? No Accounts 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? 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 defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 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 and if so what was the consideration therefor? 6. At any time after you were served did you pay, transfer or deliver any money: or property to the defendant or any person or place pursuant to the defendant's direction o otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served o at any subsequent time did the defendant have funds on deposit in an account in which fund: are deposited electronically on a recurring basis and which are identified as being funds tha. upon deposit are exempt from execution, levy or attachment under Pennsylvania or federa law? If so, identify each account and state the reason for the exemption, the amount beinc withheld under each exemption and the entity electronically depositing those funds on 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.A. § 8123? If so, identify each account. 9. At any time before or after you were served, did the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) with your office? 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account number of each account; B) the amount of money in each account. AMATO AND LESSA, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 2100115 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. w i (`+ • q' ~~ ~IJMV~ ~ ~~~ CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNL~1~~~TK NU1~AF~ ' ~ CIVIL ACTION -LAW ~~~~ Auk ~ ~ H ~; ~g s NATIONWIDE LIFE INSURANCE CUMBERI~N EQ(~N'CY COMPANY FENNSYL ANNA Plaintiff No. 11-9375 Civil vs. SAMUEL A. PHILLIPS CIVIL ACTION Defendant(s) METRO BANK Garnishee PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned matter against METRO BANK, Garnishee, ONL , without prejudice. AMATO A SA, P C. Bye ....r - Ron~d Amato`'Esq., Atty ID ~t:sL3z.~ Michael R. Lessa, Esq., Atty ID #886117 Justin N. Davis, Esq., Atty ID #844614 Daniel A. Wechsler, Esq., Atty ID #2b3922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM a~ ~9. sold a~~ ~~~ a~s4g ~~ '~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ ~- f Sheriff ;-~rr7 ~{~i; , .,~+,t'sV ~t ~',tl t'~~~r. '~'~~i Jody S Smith ~' ~~ ~ ~ ~~~ _~ ~ ~: ~~ Chief Deputy Richard W Stewart ~~UP~iL~.Ei~..~4f~s~:rt' Ci~~'' Solicitor - _ ~- PEIdN5Yl.4'faH! A. Nationwide Life Insurance Company Case Number vs. Samuel Phillips 2011-9375 SHERIFF'S RETURN OF SERVICE 07/26/2012 03:19 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2012 at 1519 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Samuel Phillips in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Evie Birtch, 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. 08/07!2012 08:20 PM -Robert Bitner, Deputy ,being duly sworn according to law, states that on August 07, 2012 at 8 20 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: Sarriuel Phillips at 3804 Chippenham Road, Hampden Twp, Mechanicsburg, PA 17050, 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 08-08-12. 11/02/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Per plaintiffs attorney, a settlement was agreed upon and they wish to close out the writ SHERIFF COST: $22220 November 02, 2012 SO ANSWERS, ~~ ~ f~ ~7 a RONf~Y R ANDERSON SHERIFF .5~ ~...-~- per. ,,~Jationwide Life Insurance Company vs. Samuel Phillips DATE C;aTEGORY' 07n~,'ril~ \,h,inc~ Pax u-': ~ni~ i~:,,~;a ~, 0~;,;~Lil~ I.:~~~, I.i,ra~~ i~7n; _ui, siir.r,,iec 07!2J?O1~ C~arnsf~cc U"';?7U1~ I ~~ UT27=.OI~ ~~~r.i~c!~lilca~s 08.08~?UC ~_,. nJ(i8 =U1? Scn roc ~81ilcu~c i i n, ,m ~ i~~,_,_~ i~:,n~_ni, ~,~~~,.~,,~~ I I,~0'_01_ P.elund advance Fce 322767 87798 ss8s~ 8888s s~79~ 8779k Metro Bank 877y`~ 87794 Residence 8808 Residence 8808 ~ 88890 Case Number 2011-9375 DEBIT CREDIT 50.00 $300.00 $ 15.00 $0.00 $OSO $0.00 $~?S $0.00 S41i.00 $0.00 $~~.00 $0.00 $20.00 $0.00 Sa.00 $0.00 $20.00 $0.00 $10.00 $0.00 $0.45 $0.00 596,00 $0.00 57?.80 $0.00 5300.00 $300.00 TOTAL BALANCE: $0.00 PERSONAL PROPERTY REQUEST LEDGER ,tiIEMO CHK # Printed: 11/2/2012 10:08:08AM Page 1 of 1 IN T>-IE CC>URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS`~'I_;VANIA C]fVIL ACTION -LAW NATIONWIDE LIFE INSURANCE COMPANY Plaintiff No. I1-9375 Civil ~ ~~ _- vs. _ _ , SAMUEL A. PHILLIPS '=.:`' = CNIL ACTION `"~ Defendant(s) PRAECIPE TO SATISFY JiJDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above-captioned case. AMATO AND LESSA, P.C. By: ~ __. ~ Wald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 1610) 866-0400 A DEBT COLLECTION LAW FIRM