HomeMy WebLinkAbout12-2122
Robert Noll
Vs
Shawn O'Rourke and
Land O'Lakes Dairy, Garnishee
IN THE COURT OF COMMON PLEAS
OF BERKS COUNTY, PENNSYLVANIA
Writ of Execution r.,."l
(Money Judgment) ,
# 10-21963 (Berks Co) Attach
# (Cumberland Co)
Commonwealth of Pennsylvania, County of Berks
To the Sheriff of Cumberland County:
t_' l
To satisfy the judgment, interest and costs against Shawn O'Rourke , Defendant,
(1) you are directed to levy upon the property of the defendant and to sell the defendant's interest therein;
(2) you are also directed to attach the property of the defendant not levied upon in the possession of
as garnishee, Land O'Lakes Dairy
(Specifically describe property)
and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the
garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property
of the defendant or otherwise disposing thereof-, (c) the attachment shall not include
(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 recuring 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 basis and are
identified as being funds that upon deposit are exempt from execution, levy or attachment under
Pennsylvania or federal law.
(iii) any funds 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 funds shall be set aside pursuant
to the defendant's general exemption provided in 42 PA CS 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 garnishee, you are directed to notify such other person that he or she has
been added as a garnishee and is enjoined as above stated.
Amount Due $ 22,144.30
Interest at fixed rate of 18% per annum
Plus Attorneys' Fees
Plus Collection Costs
(costs to be added)
Marianne R Sutton, Prothonotary
Seal of the Court
Date: 3/20/12
Costs Paid:
Prothy $ 269.75
Sheriff $ 38.00
By 't 'k
Deputy
5/17/2010
)eUrft }33%6
r
ATTACHMENT
Please serve the named Garnishee with the Writ of Execution and attach all of the
property of the Defendant in Garnishee's possession.
Garnishee: Land O'Lakes Dairy
405 Park Drive
Carlisle, PA 17015
(717) 486-7000
Upon attachment, kindly mail a copy of the Writ of Execution to the Defendant as
follows:
Shawn O'Rourke
231 Hoffinan Road
Barto, Pennsylvania 19504
Dominic A. DeCecco, Esquire
P.O. BOX 5828
Wyomissing, PA 19610
610.779.0772
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
fit
..
4
Robert Noll
vs.
Shawn D O'Rourke
Case Number
10-21963
SHERIFF'S RETURN OF SERVICE
04/11/2012 10:21 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on April 11,
2012 at 1021 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Shawn D. O'Rourke, in the hands, possession, or control of the
within named garnishee, Land O'Lakes, Inc. at 405 Park Drive, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Gordon Hoover, Director of Eastern Milk Supply 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 him.
The writ of execution and notice to defendant was mailed on April 13, 2012 to Shawn O'Rourk, 231
Hoffman Road, Barto, PA 19504.
SO ANSWERS,
April 12, 2012 RON R ANDERSON, SHERIFF
C af -'k?gn, ??
Eliz Beth Muller, Deputy
HARTMANSHURR
Dominic A. DeCecco, Esquire
Attorney I.D. #79479
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
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"i i"°SDERLA D COUNTY
PFNINSYLVANIA
Attorneys for Plaintiff
ROBERT NOLL, IN THE COURT OF COMMON PLEAS OF
Plaintiff BERKS COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
SHAWN O'ROURKE,
Defendant NO. 10-21963 (BERKS COUNTY)
and .
LAND O'LAKES DAIRY,
Garnishee NO. la -a OtCUMBERLAND COUNTY)
PRAECIPE TO DISSOLVE ATTACHMENT
To: Prothonotary of Cumberland County
Please dissolve the attachment filed against Land O'Lakes Dairy, Garnishee, in the
above-captioned proceeding.
B
LJ01111111G t1. "U-1cuuu, DS11u11G
1100 Berkshire Blvd., Suite 301
P.O. BOX 5828
Wyomissing, PA 19610
(610) 779-0772
Attorneys for Plaintiff
ate} a q. Sopd a
901We9
it JILI(PI
t
HARTMAN SHURR
Dominic A. DeCecco, Esquire
Attorney I.D. #79479
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
ROBERT NOLL,
Plaintiff
VS.
SHAWN O'ROURKE,
Defendant
and .
LAND O'LAKES DAIRY,
Garnishee
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
BERKS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10-21963 (BERKS COUNTY)
NO. (CUMBERLAND COUNTY)
CERTIFICATE OF SERVICE
I, Dominic A. DeCecco, Esquire, do hereby certify that a true and correct copy of the
foregoing Praecipe to Dissolve Attachme t was served upon each of the following parties, via
U.S. Mail - First Class Delivery, on the day of May, 2012:
Shawn O'Rourke
231 Hoffman Road
Barto, Pennsylvania 19504
Sally Dunbar, Producer Payroll Coordinator
Land O'Lakes Dairy
405 Park Drive
Carlisle, PA 17015-9270
I verify that the facts set forth herein are true and correct to the best of my knowledge,
information and belief; and that this verification is made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unsworn falsification to authorities.
HART SHU
By: ? ?/?--
ic A. DeCecc ,Esquire
Attorneys for Plaintiff