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Home My WebLink About12-2501 COURT OF COMMON PLEAS OF MONROE COUNTY ` 0, CIVIL DIVISION Page 1 of 7 Plaintiff(s) Case No: 2011-06680 FULTON BANK, N.A., FORMERLY KNOWN AS WRIT OF EXECUTION FULTON BANK, NOTICE (vs) Defendant(s) This paper is a WRIT OF EXECUTION. It HERRE BROS., INC., has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent 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. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. c7 -? 3 rn Xm 70 _C=1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER + AT ONCE. IF YOU DO NOT HAVE A LAWYER OR -GZ' N w o ; CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE 3 C:) YOU CAN GET LEGAL HELP. j; s- r4 MONROE COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE PHONE: (570) 424-7288 913 MAIN STREET STROUDSBURG, PA 18360 ? .. ..mss •. s S6(T??rs ke-e C.l?? 8U Sys COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 2 of 7 FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of MONROE To the Sheriff of CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against HERRE BROS., INC., (1) you are directed to levy upon the property of the defendant(s) and to sell the defendant's interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of as garnishee(s), (Specifically describe Property) ANY AND ALL MOTOR VEHICLES OF DEFENDANT LOCATED AT 4417 VALLEY ROAD, ENOLA, PENNSYLVANIA 17025. COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 3 of 7 FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 and to notify the garnishee(s) that (a) an attachment has been issued; (b) except as provided in paragraph (c), 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; (c) the attachment shall not include any funds in an account of the defendant(s) with a bank or other financial institution (i) in which 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, or (i) the first $10,000 of each account of the defendant(s) 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(s) 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(s) 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 C.S. 8123. (3) if property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee(s), you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 4 of 7 FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 AMOUNT DUE: $741,760.64 INTEREST FROM AUGUST 3, 2011 (COSTS TO BE ADDED) PD JUDG/COMP/CONF ............. $98.75 PD JUDGMENT ................... $22.50 PD SAT ........................ $7.00 PD WRIT ....................... $21.00 George J. Warden Prothonotary by aAj 2gpL? 4/17/2012 Date Sealed Attorney for Plaintiff: LANDIS SCOTT F 126 EAST KING STREET LANCASTER, PA 17602-2893 '71/7-2-9q-S7-0/ COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 5 of 7 FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be (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; or (b) I claim the following exemption (specify property and basis for exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300 statutory exemption: in cash in kind (specify property): (b) Other (specify amount and basis of exemption): MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 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 8. Such other exemptions as may be provided by law COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 6 of 7 FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (include phone#)• I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. Date (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY COUNTY OF CUMBERLAIND Office of the Sheriff 1 Courthouse Square, Rm. 303 Carlisle, Pennsy vania 17013 COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 HERRE BROS., INC., 4417 VALLEY ROAD Page 7 of 7 ENOLA, PA 17025 COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 4 of 7 COURT OF COMMON PLEAS OF MONROE COUNTY CIVIL DIVISION Page 7 of 7 FULTON BANK N A (vs) HERRE BROS INC Case No: 2011-06680 HERRE BROS., INC., 4417 VALLEY ROAD ENOLA, PA 17025 4/17/2012 Date Sealed Attorney for Plaintiff: &aHe1/ Sn? dlr LANDIS SCOTT F 126 EAST KING STREET LANCASTER, PA 17602-2893 FULTON BANK, N.A., IN THE COURT OF COMMON PLEAS OF FORMERLY KNOWN AS CUMBERLAND COUNTY, PENNSYLVANIA FULTON BANK, Plaintiff V. CIVIL ACTION - LAW is - a5 C) vi em HERRE BROS., INC., Defendant NO. 11-6680 CIVIL TERM IN RE: PETITION TO STRIKE JUDGMENT/ REQUEST FOR PROMPT HEARING ORDER OF COURT AND NOW, this 18`h day of May, 2012, upon consideration of the Petition To Strike Judgment/Request for Prompt Hearing, notice of which was given to the court by the Sheriff on May 9, 2012, a hearing is scheduled for Wednesday, May 23, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. THE SOLE ISSUE to be addressed at the hearing is whether Defendant voluntarily, intelligently, and knowingly waived the right to notice and hearing prior to the entry of judgment. The Petition will be disposed of under Pa. R. Civ. P. 2958.3. PURSUANT TO Pennsylvania Rules of Civil Procedure, execution proceedings are hereby STAYED pending the Court's disposition of the Petition To Strike Judgment. BY THE COURT, Scott F. Landis, Esq. 126 East King Street Lancaster, PA 17602 Attorney for Plaintiff V/ Herre Brothers, Inc. 4417 Valley Road Enola, PA 17025 Defendant, pro Se r `L Christylee L. Peck, J. CT CO w j ae r ??? is Cep ? la(o?? f :rc 5 RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy G15011 OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 May 9, 2012 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 RICHARD W. STEWART Solicitor Enclosed please find a Request for Prompt Hearing (Notice under Rule 2958.3 of Judgment and Execution Thereon), pertaining to Civil Case Number 2012-2501, filed by Herre Brothers, Inc., which was received in the Cumberland County Sheriff's Office on May 9, 2012. Please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank you for your consideration to this matter. Sharon R. Lantz Staff Assistant of Cumbll ,4 d BARLEYSNYDER Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff V. PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to HERRE BROS., INC., Defendant COURT OF COMMON PLEAS OF MONROE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2011-06680 notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ZS ` V AfJ7 ?? .I UL 3536611-1 Notice of the hearing should be given to me at: Dated: / 2s. ,?, ege"? J k? ?N E . ame Street Address Cti 11-4. City State Zip / 7"- -2 3 Z Vy.SS4/ Telephone Number 3536611-1 FULTON BANK, N.A., IN THE COURT OF COMMON PLEAS OF FORMERLY KNOWN AS CUMBERLAND COUNTY, PENNSYLVANIA FULTON BANK, Plaintiff V. CIVIL ACTION - LAW HERRE BROS. INC., Defendant No. 12-2501 CIVIL TERM IN RE: PETITION TO STRIKE JUDGMENT/REQUEST FOR PROMPT HEARING ORDER OF COURT AND NOW, this 23rd day of May, 2012, after a hearing being set and the Defendant failing to appear, the evidence is hereby deemed closed. This matter is taken under advisement. By the Court, ? Scott F. Landis, Esquire 126 East King Street Lancaster, PA 17602 For the Plaintiff I/Herre Brothers, Inc. 4417 Valley Road Enola, PA 17025 Defendant pro Se pcb Cop'46 ma ed 6 jll f /.;- Christyl L. Peck, J. feu =» =r rn - =Sin `7 .7 FULTON BANK, N.A., f/k/a FULTON BANK, Plaintiff V. HERRE BROS. INC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 2012-2501 CIVIL TERM IN RE: PETITION TO STRIKE JUDGMENT AND REQUEST FOR PROMPT HEARING ORDER OF COURT AND NOW, this /9 day of June, 2012, upon consideration of Defendant's Petition to Strike Judgment and Request for Prompt Hearing, and following a hearing on Defendants' Petition to Strike held on May 23, 2012, at which Plaintiff was represented by counsel in the person Scott F. Landis, Esquire, and Defendant failed to appear despite notice of the hearing having been provided by the court, the court finds that Plaintiff has shown, by a preponderance of the evidence, that Defendant voluntarily, intelligently, and knowingly waived its right to notice and hearing prior to the entry of a confessed judgment. Accordingly, Defendants' Petition to Strike Judgment is DENIED. Pursuant to Pennsylvania Rule of Civil Procedure 2958.3(c)(1), the stay entered pursuant to Rule 2958.3(d) is automatically terminated. BY THE COURT, Christyl` e L. Peck, J. Scott F. Landis, Esq. , 126 East King Street Lancaster, PA 17602 For Plaintiff 4F V Herre Brothers, Inc. 4417 Valley Road Enola, PA 17025 Defendant pro se Ccp;e3 r,,.:led 10114'a Alt