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HomeMy WebLinkAbout11-9536WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-9536 Civil CIVIL ACTION -LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due BOROUGH OF WORMLEYSBURG Plaintiff (s) From JOHN L. BOTTARO, 719 RIDGE ROAD, LEWISBERRY, PA 17339 (1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT, JOHN L. BOTTARO, 719 RIDGE ROAD, LEWISBERRY, PA 17339 . (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$1,702.65 Interest Atty's Comm Atty Paid Plaintiff Paid $59.75 Date: AUGUST 29, 2012 (Seal) L.L. $ Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name :GARY W. BERRESFORD, MANAGER Address: WORMLEYSBURG BOROUGH 20 MARKET STREET WORMLEYSBURG, PA 17043 Attorney for: Telephone: Supreme Court ID No. Borough ~f Wormleysburg Plaintiff v. John L. Bottaro m-~a. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA]~TIA NO. 1 1-9536 Civil CIVIL ACTION 1.::~7 x ~~ r '~ J/ f ~ --\ . A \LJ ~.._.3 ! ~ -..~ C~ '"Y 1 z o ~ ~-~ (PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: (I) Issue writ of execution in the above matter, directed to the Sheriff of Pennsylvania: (2) Againstrohn L_ Bottarn ,Defendant: (3) And against N/A ,Garnishee(s): (4) And index this writ (A) Against Defendant (B) Against N/A (Grarnis eels) As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows describe property) Any and all personal property of the Defendants,L' Bottaro L"I`"' Ridge Road, Lewisberry , Pennsylvania) ~~~g. (5) Amount due ~ , 7 0 2.6 5 Interest from to ~_ @ 6% Total $t , 7 0 2.6 5 Plus All Costs in Offices Of rothonotary & Sheriff Dated: ~„____T,;~ ~ 2 2 , 2 012 Plaintiff NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 31 county should be indicated. Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of the c which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is d. authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that co the prothonotary. See Rule 3014(b). Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and as a lis peed desired: See Rule 3104(c). ~~-`~a4 ~So a ~~ ~ 3 ~ as ~gF ~ (~. sg. ~s ~~ ~ ~. as ~ ~~s~ ~~ a ~ g ~~ 3 ~~ -~ ~f ~'~ ~ the in tas by SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager? Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration BOROUGH OF WORMLEYSBURG Case Number vs. JOHN BOTTARO 2012-SU-3843-41 SHERIFF'S RETURN OF SERVICE 01/16/2013 02:10 PM - SERVED ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION, BREAK AND ENTER ORDER AND CLAIM FOR EXEMPTION FORM, UPON JOHN BOTTARO THE WITHIN NAMED DEFENDANT AT 719 RIDGE ROAD, LEWISBERRY, PA 17339 INFORMED DEFENDANT OF CONTENTS OF SAME AND LEVIED UPON PERSONAL PROPERTY AS DIRECTED. POSTED ONE SHERIFF'S SALE BILL ON PREMISES. SHERIFF'S SALE SCHEDULED FOR WEDNESDAY, FEBRUARY 13, 2013 AT 2:00 PM. MICHAEL NOVAN, DEPUTY 01/18/2013 AS INFORMED BY BOROUGH OF WORMLEYSBURGFOR THE PLAINTIFF, DEFENDANT HAS PAID IN FULL. SHERIFF'S SALE CANCELLED AND FURTHER EXECUTION STAYED. SHERIFF COST: $175.85 (PAID) January 25, 2013 SO SW S, - J/ RICHARD P K ERLEB R, SH RIFF C - G7 NO _ -.? r ETl - .i. 411 Affirmed and subscribed to before me this NOTARY - i ? 25TH day of JANUARY 2013 c IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA BOROUGH OF WORMLEYSBURG, Movant V. NO. 2012-SU-3843-41 BOTTARO, JOHN L., ET. AL, CIVIL ACTION - LAW Defendant c: Pr? r_a w c.? v? ORDER GRANTING PERMISSION TO SHERIFF OF YORK COUNTY TO BREAK AND ENTER INTO DEFENDANTS' RESIDENTIAL PROPERTY A AND NOW, this day of November, 2012, upon consideration of the foregoing Motion, said Motion is GRANTED and it is ORDERED that the Sheriff of York County has the permission and right to break and enter into the residential property of Defendants located at 719 Ridge Road, Lewisberry, York County, Pennsylvania 17339 to perform its duties and obligations under the laws of the Commonwealth of Pennsylvania. R yUR?'I'? t Distribution List: Stephen P. L_inebauegh, PJ Borough of Wormleysburg, c/o Jason E. Kelso, Esq., 354 Alexander Spring Road, Suite 1, Carlisle, PA 17015 John L. Bottaro, 719 Ridge Road, Lewisberry, PA 17339 Suzann L. Bottaro, 719 Ridge Road, Lewisberry, PA 17339 CD N L] N d o 4? o ? u a, cd O QJ Vlr C: a Y c l '. 2 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA R.7 BOROUGH OF WORMLEYSBURG, Movant 0 c V. NO. 2012-SU-3843-41? w BOTTARO, JOHN L., ET. AL, CIVIL ACTION - I,AW, Defendant ORDER GRANTING PERMISSION TO SHERIFF OF YORK COUNTY TO BREAK AND ENTER INTO DEFENDANTS' RESIDENTIAL PROPERTY A AND NOW, this `' G day of November, 2012, upon consideration of the foregoing Motion, said Motion is GRANTED and it is ORDERED that the Sheriff of York County has the permission and right to break and enter into the residential property of Defendants located at 719 Ridge Road, Lewisberry, York County, Pennsylvania 17339 to perform its duties and obligations under the laws of the Commonwealth of Pennsylvania. ID UR'' • j a CD - C° d - -` J ? Jl Distribution List: Stephen P. Linebaugh, PJ° o o? Borough of Wormleysburg, c/o Jason E. Kelso, Esq., 354 Alexander Spring Road, Suite 1, Carlisle, PA 17015 5 o John L. Bottaro, 719 Ridge Road, Lewisberry, PA 17339 N o? Suzann L. Bottaro, 719 Ridge Road, Lewisberry, PA 17339 s u p c? U G`- Borough of Wormleysburg Plaintiff V. John L. Nottaro, Eir AL Defendants IN THE COURT D OUNTIY PENNY OANIA CUMBERLAND NO. 11-9536 Civil : CIVIL ACTION WRIT OF EXECUTION -NOTICE This paper is a Writ of Execution. It has been issued because there is ha judgment is toainst Y t It may cause your property to be held or taken to pay the judgment. You may rights preven your property from being taken. 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. licable to you. ere is a debtor's exemption of $300.00. hma'or exemptions. You may have other exemptions or Attached is a summary of some of the J other rights. If you have an exemption, you should do the following: (a) Fill out the claim form and demand a prompt hearing. (b) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to the court ready to explain your exemption. If you do not o CA come to court and prove your exemption, you may lose some of your property. rn rn This and any future communication from our debt collection firm are attempts to erect r debt and information obtained will be used for that purpose. cn YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. THE OFFICE NOT HIVE _ LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FOWM IM, BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. -- York County Bar Association 137 E. Market Street York, PA 17401 (717) 854-8755 Borough of Wormleysburg Plaintiff V. John.L. Bottaro ET AL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1 1 -9536 CIVIL ACTION MAJOR EXEMPTIONS UNDER PEN1`iSYLVAI?IIA AND FEDERAL LAW (1) $300.00 statutory exemption (2) Bibles, school books, sewing machines, uniforms and equipment (3) Most wages and unemployment compensation (4) Social Security benefits (5) Certain retirement funds and accounts (6) Certain veteran and armed forces benefits (7) Certain insurance proceeds (g) Such other exemptions as may be provided by law CLAIM FOR EXEMPTION TO THE SHERIFF: o . The above-named defendant claims exemption of property from levy or attachment: N _e.{ (l) From my personal property in my possession which has been levied upon: (a) I desire that my $300.00 statutory exemption be: M [ ] I. Set aside in kind (specify property to be set aside in kind): [ ] II. Paid in cash following the sale of the property levied upon; off- [ ] Ili. I claim the following exemption (specify property and basis of exem?taaa -? M h_ (2) From my property which is in the possession of a third party, I claim the following exen&tions: (a) My $300.00 statutory exemption: [ ] in cash; [ ] in kind (specify property): T; (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at: Address Telephone Number I verify that the statements made made subject for to ? per alties of 18 Pa. C Scorrect. 4904 relating understand that false statements herein are to unworn falsification to authorities. Date: Defendant: COUNTY. THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF YORK FROM :WBRMLEYSEURG BOROUGH FRX NO, :7177635701 Dec. 04 2012 08:22AM P2 WRIT OT' LARC:UTION wad`or kf rACHNIENT COMMON WEALTH OF PENNSYLVANlA) NO 11-9536 Civil COUNTY ON CUMBERLAND) CIVIL ACTION - LAW TO THE. SHERIFF OF YORK COUNT TY: To satisfy the debt, interest and costs due BOROUGH OF WOWMLEYSBURG Plaintiff (s) From JOHN L. BOTTARO, 719 RIDGE ROAD, i E'WISRERRY, PA 17339 (1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND AIL PERSONAL PROPERTY OF THE DEFENDANT, JOHN L. ROTTARO, 719 RTDCE ROAT), LEWISBF,RRY, PA 17339. (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 gm-nishee(s) that: (a) an aUichmerit has been issued; (b) the garnishee(s) is enjoined from paying tray debt to or for the account of the defandan((s) and from dolivering any property ofthe defendant (.e) or otherwise disposing thereof; (3) ti' Property of the defendtmt(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 hirn/hcr that he/she has been added as a garnishee and is enjoined as above seated. Am,runt Due$1,702.65 LL. $ Interest cs Atty's Comm % r)Ue .Prothy s2.25 rte` t"qa .po Att Paid Other Casts rn +c Plaintill' Paid S59,75 rm -rs n Dote: AUGUST 29, 2012 o n7 navid D, Buell, Prothonom-y YJ c'? Deputy tN ea c ?...ssn-. P,EQ[JESTTNG PARTY: 7KS'?_ Name : GARY W. BERRESFOR.D, MANAGRIZ = Address: WORIMLEYSBURG BOROUGH -+n 20 MARKET S'T'REET co WORMLTX&BURG, PA 17043 Attorne.for: TRUE COPY FROM RECORD y In Testimony whereof, I here unto set my hand Telr:phone: and the seal of said court a Carilsle, Pa. Tnls...-(25day of 2p - A SUprGmc Court. Tr) No. rothorrotary -J?)e C. / 0.Zo/-2 ?,`? vi< ?,rPcv?o? ??or3su(Q/ (!2