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HomeMy WebLinkAbout13-0501 IN THE COURT OF COW4ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LB SMITH FORD-LINC INC, : ❑ Confessed judgment Plaintiff le Other Vs. : File No. 2013 -- 501 Amount Due $593.45 ---� ` ' Interest 6% from 12/18/12rA= TRUCK & MOTOR COMPANY, Attorney's Comm - , Defendant ; Costs ,� co VS. CITIZEN'S BANK, „ 77 Garnishee — � TO THE PROTHONOTARY OF THE SAID COURT; The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1996 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue a Writ of Execution in the above-matter to the Sheriff of Cumberland County, for debt, interests and costs, upon the following described property of Defendant, and Garnishee: Any and all electronic equipment, motor vehicle(s) , trailer(s) , tools, tool boxes, tire changers, wheel balancers, engine hoists and supports, A/C machines, battery chargers, torch kits, brake lathes, tranmy jacks, strut machines, lifts, smoke machines, bearing pullers, headlight primers, floor jacks, drain pdns, bench grinders and vises, creepers, portable trays, emissions machine, office equipment, inventory, personal property, dash and other contents of the Defendant located at 835D Pear Street, Lemoyne, Cumberland County, Pennsylvania, 17043, and levy an additional garnishment on Citizens Bank account number 6200376739, and any o r Ci account.,7�Date: Marche, 2013 . 00 pal 4HY Andrew c. She re t, 5 PA ID 62469 �- 127 S. Market Street, P.O. Box 95 �Q" 2 S Mechanicsburg, PA 17055 . �tE O . 717-697-7050 410 61 S4 L L 717-697-7065 (fax) r�7 90� jX1,r) il of I.r 7—:s Svecl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-501 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due LB SMITH FORD-LINC,INC.Plaintiff(s) From TRUCK&c MOTOR COMPANY (1) You are directed to levy upon the property of the defendant(s)and to sell Any and all eletronic equipment, motor vehicle(s),trailer(s),tools,tool boxes,tire changers,wheel balancers,engine hoists and supports,A/C machines,battery chargers,torch kits,brake lathes,tranny jacks,strut machines,lifts,smoke machines,bearing pullers,healight primers,floor jacks,drain pans,bench grinders and vises,creepers,portable trays,emissions machine,office equipment,inventory, personal property,cash and other contents of the Defendant located at 835D Pear Street, Lemoyne,Cumberland County,Pennsylvania,17043. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: Citizens Bank-665 N.East Street Carlisle,PA 17013-levy an additional garnishment on Citizens Bank account number 6200376739, and any other Citizens Bank account. 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$593.45 L.L.$.50 Interest 6% from 12/18/12 Atty's Comm % Due Prothy$2.25 Atty Paid $60.25 Other Costs Plaintiff Paid Date:March 18,2013 4 M avid D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name:Andrew C.Sheely,Esq. Address: 127 S.Market Street P.O.Box 95 Mechanicsburg,PA 17055 Attorney for: Plaintiff Telephone: 717-697-7050 Supreme Court ID No.62469 A r, 1, 2013 11 : 52AM No, $505 P. 9 FILED t1i KA R 2013 APR 22 ptj 1: 32 Andrew C. sheely, Xequ,ire j� b ERp Attorney for Defendant/Petitloner Cv. LAN© C0j1Njv P.O. Box xa95et street PENNSYLVANIA Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andr9wc.sheely @verizen.net LB SMITH FORD-LINO INC, : ❑ Confessed ud Plaintiff j gment [l Other VS. File No. 2013 — 501 Amoont Due $593.45 TRUCK & MOTOR COMPANY Interest 6% from 12/18/12 COMPANY, Attorney s Comm Defendant Costs VS. CITIZEN'S BANK, . Garnishee , INTERROGATORIES IN AID OF EXECUTION PROPOUNDED ON BEHALF OF PLAINTIFF TO GARNISHEE AND REQUEST FOR PRODUCTION OF DOCUMENTS FIRST SET TO: Citizens Bank, Garnishee 665 N. East Street Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby required pursuant to the Pennsylvania Rules of Civil procedure, Rules 1930 .5 (b) , 4005, 4006 and other applicable Rules of Court to file the original and serve upon the undersigned a copy Of your Answers and Objections, if any, in writing and under oath,, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the Ap r. 1. 2013 11 :53AM No. 8505 P. 10 space provided. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet clearly identified with reference to the questions being answered. These shall be deemed to be continuing interrogatories. If, between the time of your answers and the time of the Divorce Master's hearing in this case, you, or anyone acting in your behalf., learn of any further information not contained in these answers, you 'shall promptly furnish that information to the undersigned by supplemental answers. For questions that request Production of Documents, this request is made ptirsuant. to Pa.R.C.P. No. 4009 and you are requested to produce a copy of the mentioned documents with the. understanding that the ' undersigned shall reimburse you for copying cost. In the event you are 'unable to make a copy of the requested documents or items, please provide the mentioned items for inspection and copying at the office of Andrew C. $heely, Esquire, 127 south Market Street, Mechanicsburg, Pennsylvania, within thirty (30) days from the filing Apf this request DATE: March It, 2013 And ew C. Sheely, Esquire) PA ID # 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 117055 717-697-7050 2 Ap r, 1. 2013 11 :53AM No. 8505 P. 11 INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or i"unknown" , such statement must be written in the answer. If the question is inapplicable, "'NA" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word. "identify" or "identity" is used in reference to a person, corporation or other entity, this means to state, if appropriate, hist' hers or. its full name, present address and business affiliation. 3 A r. 1. 2013 11 ;53AM No. $505 P. 12 1• BANK ACCOUNTS OF Tpriow & MOTOR CO. Identify each and every bank account titled or owned by Billy ,T. Ward, t/a and d/b/a Truck & Motor Company, including the balance of each account, as of January 25, 2013, including account number 6200376739. 0%eckin9 ' &"ck 4 M060 . Co U 6 L0037(,734 Auto QRpaR race. p --a rno Fuc�ds in .aeCE. Gne CSC n� C�a u►cry d rrotots Co Zr-4. 3t b2�g3t8S9cd emanc� $ O v�C Fa.nds i CN �ue2t- 4 Apr. 1, 2013 11 :53AM Na. $505 P. 13 2. TRANSFERS/PAYMENTS identify each and every transfer of funds, payment of bills, cash withdrawals of any bank account titled or owned by Billy J. Ward, t/a and d/b/a Truck& Motor Company, including the balance of each account as of January 25, 2013. In support thereof, please attach a copy of each bank account titled or owned by Billy J. Ward, t/a and d/b/a Truck & motor Company. 5 Apr. 1. 2013 11 :53AM No. 8505 P. 14 3. DEPOSITS/INCOME Itemize the source and amount of any funds deposited in any account titled or owned by Billy J. ward, t/a *and d/b/a Truck& Motor Company from January 23, 2013 to the present. To the extent such answer is inconvenient, please provide a copy of each an every bank account titled or owned by Billy a. Ward, t/a and d/b/a Truck & motor Company from .January 23,, 20 .3 to the present* A r, 1, 2013 11 : 53AM No. 8505 P. 15 4• Identify any and all safe deposit box titled or owned by Billy J. Ward, t/a and d/b/a Truck & Motor Company from January 23, 2013 to the Present. To the extent such exist, please identify: . A. The box number; jV00 I- $• The bank card showing when the last entry occurred: N JA C. The outstanding balance, if any: D, The account numbers: Respectfully, DATE: March 18, 2013 Andrew C. Shee y, Esquire PA ID # 62469 127 South Market Street P.O. Box 95 *. Mechanicsburg, PA 17055 717-697-7050 l--/3 COMMOkPIENN pENNSI�LV Ni�al City of he ny colunty My ComSept 22,2016 MEMBER,PENOCIATION OF NOTARIES 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -J L f-:-.0-0 F Sheriff T HE PROTHM 0 Jody S Smith Chief Deputy H 13 MAY 31 PM 2, 3 �Kwn Richard Al Stewart Solicitor oFgt'�E OF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA LB Smith Ford, Inc. Case Number vs. Truck Motor Company, Inc. 2013-501 SHERIFF'S RETURN OF SERVICE 04/01/2013 11:01 AM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jamie Sheaffer,Teller, 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. The writ of execution and notice to defendant was mailed on April 2,2013 to Truck&Motor Company, 835D Pear Street, Lemoyne, PA 17043. 05/02/2013 02:19 PM-William Cline, Deputy, who being duly sworn according to law, served a true copy of the within Writ of Execution, upon the defendant,to wit:Truck Motor Company, Inc., by making known unto Billy Ward, President, 835 Pear Street, Lemoyne, PA 17043, Cumberland County, its contents and at the same time handing to Billy Ward personally the said true and correct copy of the same. Upon serving the Writ of Execution, Ward paid$792.99 to Deputy William Cline. 05/31/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $127.05 (PAID BY DEFENDANT) SO ANSWERS, 7 6Z May 31,2013 RbNW FANDERSON, SHERIFF (c)CounlySuite Sheriff,Telelosoft,[tic, DISTRIBUTION PLAINTIFF LB Smith Ford-Linc,Inc. WRIT NO. 2013-501 LB Smith Ford-Linc, .Inc. Vs Truck &Motor Company Real Debt $ 593.45 Interest 12.24 Attorney's Comm. Writ Costs, Atty Writ Costs'. Pltff. 60.25 Miscellaneous Attorneys Fees TOTAL $ 665.94 Sheriff's Costs Docketing $ 18.00 Poundage 11.86 Law Library .50 Prothonotary 2.25 Service Mileage 23.60 Postage 1.84 Advertising Garnishee 9.00 Postpone Sale Bad Check Charge Surcharge 40.00 Levy 20.00 TOTAL $ 127.05 Defendant Paid to Sheriff 792.99 Advance Costs 150.00 Total Collected $ 942.99 DISTRIBUTION Pd. To Pltff. $ 665.94 Refund of Adv. Costs 150.00 Sheriff's Costs 127.05 /So An�sw4rs: R. Anderson riff riff