HomeMy WebLinkAbout12-7674* ~J
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
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TBF FINANCIAL, LLC
Plaintiff
VS.
GEORGE BRYSON and
LINDA BRYSON
Defendants
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CIVIL ACTION
NOTICE
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING
IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AMATO AND LESSA, P.C.
By:
Michael R. Lessa, Esq., Atty ID #88617
Attorney for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
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_COUR. T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
TBF FINANCIAL, LLC
Plaintiff
vs.
GEORGE BRYSON and
LINDA BRYSON
Defendants
No.
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CIVIL ACTION
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover the sum of
$53,680.36, with interest thereon as hereinafter stated, upon the following cause of action:
1. Plaintiff, TBF FINANCIAL, LLC, is located at 740 Waukegan Rd, Deerfield IL
60015.
2. Defendants, GEORGE BRYSON and LINDA BRYSON, are located at 445 Creek
Road, Carlisle, PA 17013.
COUNTI
Breach of Contract
3. On or about March 20, 2008, Defendant George Bryson entered into a written lease
agreement with Key Equipment Finance, Inc. for the lease of a certain Kenworth truck ("Lease"},
as set forth more specifically therein, a true and correct copy of which is attached hereto, made part
hereof and marked Exhibit "A."
4. Subsequently, for value received, all rights, title and interest of Key Equipment
Finance, Inc. in the Lease were assigned, transferred and set over to CCA Financial, LLC, which
in turn assigned, transferred and set over the same to Plaintiff, as set forth in the assignment
documentation taken from Plaintiff s business records, true and correct copies of which are attached
hereto, made part hereof and marked Exhibit "B."
5. By virtue of said assignments, Plaintiff acquired legal title to said account, and
became the legal holder of any claim against Defendant arising under the Lease.
6. Defendant received and accepted said truck.
7. Thereafter, Defendant made use of said truck.
8. Pursuant to the Lease, Defendant agreed to make certain monthly lease payments for
the use of said truck.
9. However, Defendant has failed to adhere to the payment terms set forth in the Lease.
10. As a result thereof, Defendant became in default of the Lease.
11. A total amount which became due as a result thereof, after allowance for all proper
credits for payments and/or adjustments, if any, was $29,678.32, as set forth in the statement of
Defendant's account taken from Plaintiffs business records, a true and correct copy of which is
attached hereto, made part hereof and collectively marked Exhibit "C."
12. Plaintiff is entitled to receive interest on the above amount determined by applying
the agreed interest rate of 18% per annum to the past due balance, which, as of December 12, 2012,
totals $16,582.46.
13. Plaintiff is entitled to have the 18% interest charge continue to accrue as set forth
above, from December 12, 2012 on down to the date of judgment in this matter.
14. In accordance with the aforesaid agreement, Defendant further agreed to pay
Plaintiff s reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which
currently totals $7,419.58.
15. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant
failed or refused to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against Defendant George Bryson for
$53,680.36 together with the continually accruing interest charge at the agreed rate of 18% per
annum from December 12, 2012, costs of suit and all other relief to which Plaintiff maybe entitled.
COUNT II
Alternative to Count I -Unjust Enrichment
16. Plaintiff incorporates the allegations of every paragraph enumerated above of this
Complaint as if said paragraphs were fully set forth here at length.
17. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing
the equipment lease financing services described in the exhibits attached hereto.
18. Defendant received and accepted the benefit of said services provided by Plaintiff.
19. At all times material hereto, Defendant was aware that Plaintiff was providing the
aforesaid services to Defendant and that Plaintiff expected to be paid for such.
20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted
Plaintiff to provide said services and to incur damages.
21. At all times material hereto, Defendant was unjustly enriched by retaining the benefit
of receiving said services without paying Plaintiff fair and reasonable compensation.
22. Allowing Defendant to retain the benefit of said services without paying fair
compensation would be unjust.
23. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s expense, an
implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff
the quantum meruit value of the services described in the exhibits attached hereto in the amount of
$27,368.91.
WHEREFORE, Plaintiff demands judgment against Defendant George Bryson for
$27,368.91 together with the continually accruing interest chazge at the statutory rate of 6.00% per
annum from December 12, 2012, costs of suit and all other relief to which Plaintiff maybe entitled.
COUNT III
Personal Guaranty
24. Plaintiff incorporates the allegations of every paragraph enumerated above of this
Complaint as if said paragraphs were fully set forth here at length.
25. Defendants George Bryson and Linda Bryson (collectively "Guarantors") executed
a written personal guazanty wherein Guazantors personally guaranteed the repayment of any and all
extensions of credit Plaintiff would advance to the above-named Defendant herein. A copy of the
personal guazanty is attached hereto, made a part hereof, and marked as a part of Exhibit "A."
26. In reliance upon the written representations, promises and guarantee of Guarantors,
Plaintiff extended credit to the above-named Defendant herein in the amounts indicated above.
27. As a result of the aforesaid breach by Guarantors of their representations, promises
and guarantee to repay Plaintiff, Plaintiff has suffered damages in the amount of $53,680.36,
together with interest and costs.
28. Plaintiff has made demand against Guarantors for $53,680.36 but Guarantor has
failed or refused to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against Guarantors George Bryson and Linda
Bryson for $53,680.36 together with the continually accruing interest charge at the March 20, 2008
rate of 18% per annum from December 12, 2012, costs of suit and all other relief to which Plaintiff
may be justly entitled.
AMATO AND LESSA, P.C.
By:
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Michael R. Lessa, Esq., Atty ID #88617
Attorney for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610)866-0400
VERIFICATION
(~CU'Y1 ,L~C.'.t'~'1rY1 hereby states that helshe is the ~'t ~ ~~ f,.
of ~ 1 PiF ~~(1t;t~'~C.1ra1 }~~ Plaintiff in this action, and verifies that the statements
made in the attached document are true and correct to the best of his/her knowledge,
information and belief. The undersigned understands that the statements herein are made
subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to
authorities.
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OELtVERY A ACCEPTANCE CERTIFICATE
Reference Agreement # 1229286/13&9525
Company: Customer:
Key Equipment F'urence Inc. GEORGE C BRYSON
3075 Highland Pkwy. 7th Boor
Downers Grove, IL 60515 445 CREEK RD
Carlisle , PA 17013
The undersigned certifies to the Company referenced above, its successors and assigns brat ail items, referrBd to in the
Agreerrrent referenced above, as either F~ufprnent or CoNateral (the "Proparty~, have bserr recasivad and Grevocably
accepted by the undersigned for aN proposes under the Agreement referenced above and were ~ the time of rerxipt in
good order and condition and axeptehle th use.
Customer, its auceeseons end assigns, approve payment by Company to the Supplier: Undersigned hereby
certifies that the Company has fully errd satisfactortiy perionrwd aN covenants and conditions to be performed b!I >< under
the above-described Agreement. Undersigned egress to enforce, in its own name, aA warranties, agreements or
representations, if any, whidt may be made by the Suppger in respect to the Property.
GEORGEC BRYSON
Signature:
Print Name end Tltle: ~OQ~ C B~~OA~ /~I~SI~6A~f
Oste: 3 ~ A.O' ~
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CCA~Ke~,r#,
l:al~II3I'I' 13
I31l.L OF SALE: ANI) ASSICNi1~I?N1'
Key Lc}uipmeni l~inancu Inc., a hliehi~an corporation {•'Sellca•" or "Assi_nor'), hereby absolutely
sells. tt~nsfcrs. assigns, sets-gvcr, C~lIllCli3i171a tltld COI1Ve1'S IU C'CA financietl, I,LC, a limited
liability cnrnpun}' organized under the: lava ot'thc state ot'1tir~,'
rcu~ursc attd w' tnia ("Assignee"), ~:~ithout
ithout ruprescntations or ~~•arranties, caprrss or implied, o1'any lypc, kind at•
nature:
ja) Alt a1':lssignor's rfr171, title and interest in and to each of the !lccounts
identified in the Account Schedule ttttachcd hereto as I'xhihit'°.~," {the
"nccounts"); and
(b) !111 principal, intcre:st or oilier pre}cecds of any kind ~vidt respect to the
Accounts, but e~rluding anti payments car other consideration received by or on
bchal!'oi'Assibnurpeior ut the Cutoff Datc (fts dci;ned in the ~lgreement, as
deitnc:cl below) nrith respect to ibe Accounts; and
(c) Ati ofAssil,~ntar's ris;lu. title and interest in and to any l;quipment Ica,~ed under
any •'lecuunt Documents c~•ideneing the Accounts.
'Phis Bitl o!'Sale is being e:xecute:d and delivered pursuant to and in accordance ~~'itl~ the terms
and provisions o1'that certain purchase; anci Sale Agt•ecment made and entered into by and
between Seller and Buyer dated Decemhcr 16, 2011 (the `:~grcemet~t"). The Accounts are
defined and describcal in the ngrr=anent and arc hcinti con~rcyed hereby subject to the terms,
conditions and provisions set forth in the Astrecment.
This Bill of Sulc shill be governed by the l:t~~•s of the State o1' Nevi- Yurk without regstrd to
the can}]icts-of-Isnvs rules thereof:
i);~'I•t,D: I)ccember IG.2U1 I
SL:[,Li;h: Kr}~ I:duipmettt finance lnc.
Vame: ~-lirhelle V1~orstet~ _`
't'itle: Sl~l' Operations
S1:~•1'1; Of Colorado )
'Chis 13111 of Sale was ttckttu«•lcdged bcPi~rr me un De;rc;mber I G, 2011 b' Michelle 1t~
Operatio-1, cm lx;halfof5c:llc:r.
A~ly Commission l:xpires::: ; ;•i !~::
i~'otary 1'uhtic in and fete the State of
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Exhibit A (Partially Redacted}
CCA Financial. LLC Key Equipment Finance Inc.
CW01369525 CW01369525
Lessee Guarantor
George C. Bryson George C. Bryson
Linda M. Bryson
BILL OF SALE
Tliis Bill of Sale is made as of August 22, 2012, by CCA Financial, LLC ("Seller"}, to
and for the benefit of TBF Financial, LLC ("Buyer").
WHEREAS, Buyer attd Seller entered into an Asset Purchase Agreement, dated as of the
date hereof {the "Agreement") (terms used herein and not otherwise defined herein shall have the
meanings ascribed to them in the Agreement), providing for, inter alia, the sale and transfer by
Seller and the purchase and receipt by Buyer, at the Closing, of the Equipment.
NOW, THEREFORE, for the consideration described in tlse Agreement, Seller hereby
sells, transfers, conveys, and delivers to Buyer, without recourse except as provided in the
Agreer3ient, all of Seller's right, title and interest in and to the Equipment.
Neither tl~e r•eprtsentations and warranties nor the rights, t'emedies and obligations of any
party under the Agreement shall be deemed to be enlarged, limited, modified or altered in any
way by this instrument.
IN LV[TNESS WI-[EREOF, Seller has duly executed tk~is Bill of Sale as of the date
aforesaid.
CGA FINANCIAL, Li.C
By:
Its: V ic.Q. Pc~s i ~~+n~
Exhibit A (Partially Redacted)
TBF Financial, LLC CCA Financial. LLC
87585 CWO]369525
Lessee Guarantor
George C. Bryson George C. Bryson
Linda M. Bryson
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Accounting Statement
TBF File Number 87585
Date October 2, 2012
Re: TBF Financial, LLC v. Geor e C. B son and Linda M. B son
Total Pa ments Due 30 $1,631.18 $48,935.40
Pa ments Made $25,481.32
Late Char es $2,309.41
Interest $ 0.00
Attorne Fees $ 0.00
E ui ment Residual Value $3,914.83
Sales Tax $ 0.00
Personal Pro ert Tax $ 0.00
Insurance $ 0.00
Sales Proceeds ($ 0.00
Balance Due $29,678.32
Plus 18% interest from November 5, 2009, the date of default.
C
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
TBF FINANCIAL, LLC
Plaintiff
vs.
GEORGE BRYSON and
LINDA BRYSON
Defendants
No
CIVIL ACTION
ENTRY OF APPEARANCE
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Kindly enter my appearance on behalf of Plaintiff, TBF FINANCIAL, LLC, in the above-
captioned matter.
AMATO AND LESSA, P.C.
By. ~
Michael R. Lessa, Esq., Atty ID #88617
Attorney for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
►
.IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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TBF FINANCIAL, LLC
Plaintiff No. 2012-07674 „ - T
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VS. Wit-" '
PRAECIPE FOR WRIT
GEORGE BRYSON and C-1 C)
LINDA BRYSON EXECUTION C)
(MONEY JUDGMENT) 5 C --4m
Defendant(s)
To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE
MATTER.
(1) Directed to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the
following described property of the defendant(s) All cash on hand or in the possession of the
defendants) accounts receivables furniture furnishings equipment, inventory, tools,
vehicles electronic equipment any and all other personal property belonging to the above-
named defendant(s).
(2) against GEORGE BRYSON and LINDA BRYSON, Defendant(s)
(3) and against........................................Garnishee(s)
(4) and index this writ
(a) against..................................Defendant(s) and
(b) against.......................................Garnishee(s)
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:(Specifically describe the property)
(5) Amount Due $ 55,864.09
Statutory Interest
From March 4, 2013 $ 580.35
Less Payment $ 0.00
Costs $
Poundage $
Total $ 56,444.44
AMATO AND LESSA, P.C.
By:
G) Date:May 66,, _21013 0 y
Michael R. Lessa, Esq., Atty ID #88617
lA ry� David A. Lovejoy, Esq., Atty ID #19829
Sc) VF• S Justin N. Davis, Esq., Atty ID #84464
Daniel A. Wechsler, Esq., Atty ID #203922
Paul F. Troisi, Esq., Atty ID #309511
W Attorneys for Plaintiff
,op� �d Q 107 North Commerce Way
Bethlehem, PA 18017
�a a5'1�6(610) 866-0400
A DEBT COLLECTION LAW FIRM
.a. Sb LL
Attorney File#: 2122297 9".3
;155�ea�
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TSF FINANCIAL, LLC
Plaintiff : No. 2012-07674 c C=) 71
rncu
VS. -am
GEORGE BRYSON and
LINDA BRYSON
CIVIL ACTION xc o
Defendant(s)
CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE
I do certify that the precise last known address of the within named defendant(s) is
the address provided below, and request that the Sheriff serve the above named defendant(s)
at:
445 Creek Road
Carlisle PA 17013
AMATO AND LESSA, P.C.
By:
Dated:May 6, 2013
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 #:2122297
- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TBF FINANCIAL, LLC
Plaintiff No. 2012-07674
CD
VS. G.., p..
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GEORGE BRYSON and • ,,,, � z
LINDA BRYSON .� •� _-i n
CIVIL ACTION .�
Defendant(s)
WAIVER OF WATCHMAN --e-
To the Sheriff:
Any deputy sheriff levying upon or attaching any property under the within writ may
leave same without a watchman, in custody of whomever is found in possession, after
notifying person of levy or attachment without liability on the part of such deputy or the
sheriff to any plaintiff herein for any loss, destruction or removal of any such property before
the sheriff's sale thereof.
Dated: May 6, 2013
AMATO AND LESSA, P.C.
By:
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 #: 2122297
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-7674 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TBF FINANCIAL,LLC Plaintiff(s)
From GEORGE BRYSON AND LINDA BRYSON,445 CREEK ROAD,CARLISLE,PA 17013
(1) You are directed to levy upon the property of the defendant(s)and to sell ALL CASH ON HAND
OR IN THE POSSESSION OF THE DEFENDANT(S),ACCOUNTS RECEIVABLES,
FURNITURE,FURNISHINGS,EQUIPMENT,INVENTORY,TOOLS,VEHICLES,
ELECTRONIC EQUIPMENT,AND 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:
and to notify the gamishee(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$55,864.09 Plaintiff Paid$
Interest STATUTORY INTEREST FROM MARCH 4,2013-$580.35
Attorney's Comm. % Law Library$.50
Attorney Paid$199.20 Due Prothonotary$2.25
Other Costs$
!1 �
Date:J1lay 14,2013 l )Lah
>. David D.Buell,Prothonotary
j
L By: p ��
c,
- Deputy
REQUESTING PARTY:
Name MICHAEL R. LESSA,ESQUIRE
Address:AMATO&LESSA,P.C.
107 NORTH COMMERCE WAY
BETHLEHEM,PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 88617
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED.-OFFia,
Sheriff r (,'F '[HE PROI'HONOTARY
Jody S Smith
Chief Deputy 2013 AUG 22 PM ' - 08
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFFICE OFTHE SHERIFF PENNSYLVANIA
TBF Financial LLC Case Number
George 1 2012-7674
C. Bryson(et a[.)
SHERIFF'S RETURN OF SERVICE
06/12/2013 03:55 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of
Execution and Claim for Exemption Form to a person representing themselves to be Linda Bryson, who
accepted as"Adult Person in Charge"for the within named Defendant, to wit: George C. Bryson at 445
Creek Road, North Middleton Township, Carlisle, PA 17013, informed person of contents of same and
levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant
on 06-13-13.
06/12/2013 03:55 PM- Ryan Burgett, Deputy, being duly sworn according to law, states that on June 12, 2013 at
3:55 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: Linda
M. Bryson at 445 Creek Road, North Middleton Township, Carlisle, PA 17013, 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 xxxxx.
07/23/2013 08:09 PM- Deputy William Cline, being duly sworn according to law, states service was performed by
posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located
at 445 Creek Road, North Middleton Township, Carlisle, PA 17013, Cumberland County.
08/22/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED.
Defendants entered into Chapter 7 bankruptcy on 08-04-13; case no. 1:1 3-bk-04198-MDF.
SHERIFF COST: $120.28 SO ANSWERS,
August 22, 2013 RbNW FANDERSON, SHERIFF
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