HomeMy WebLinkAbout05-0625
LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
Vs.
LEE LEIDIGH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 2481 CIVIL 1991
q&,_ ~/q/.". C.I~;L '--r~
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PRAECIPE FOR REVIVAL OF JUDGMENT LIEN
TO THE PROTHONOTARY;
Please revive the lien of judgment entered at 2481 Civil 1991, Court of
Common Pleas, Cumberland County and index enter it in the judgment index against Lee
Leidigh in the amount of$160,540.00 with interest from June 18,1991, in accordance with
the Agreement to Revive.
Christian S. Daghi squire
Etzweiler and Associates
105 N. Front Street
Harrisburg, P A 17101
(717) 234-5600
Sup. Ct. I.D. #47741
Dated: January 31, 2005
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LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
Vs.
LEE LEIDIGH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2481 CIVIL 19.91 C-,-...
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AGREEMENT TO REVIVE
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The undersigned hereby agree thatthe line of the judgment entered on June 18, 1991,
to No. 2481 Civil 1991 be revived and authorize the Prothonotary to enter in the judgment
index ajudgment orrevival in the amountof$160,540.00, with interest from June 18,1991,
plus costs.
Signed and dated J 1\10. 1. \_, 2005.
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Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-625 CIVIL TERM
AMOUNT $160,540.00
INTEREST TO 5/30/06 $81,033.30
COSTS:
(To be Completed by Prothonotary)
Plaintiff
Attorney
Sheriff
This Writ
LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
LEE LEIDIGH,
Defendant
And
M& TBANK,
Garnishee
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
TO THE PROTHONOTARY OF SAID COURT:
ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) directed to Sheriff of Cumberland County, Pennsylvania;
(2) against L;~~~id~~c~Ge~i~, Cd(zLJ.dr, '/) f) (?c'16
(3) and against M & T Bank, of One West High Street, Carlisle, Pennsylvania, Garnishee(s).
(4) and index this writ
(a) against Lee Leidigh, Defendant and
(b) against M & T Bank, Garnishee(s).
(5) Amount due
Interest to 5/30/06
(Costs to be added)
$160,540.00
$ 81,033.30
Total
$
Signature (~i-;/ikJv</I) ~hH'
Christian S. Daghir, sqUire
Address 105 North Front Street
Harrisburg. PA 17101
Attorney for Plaintiff
Telephone (717) 234-5600
DATE: Mav f . 2006
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WRIT OF EXECUTION and/or ATTACHMENT
,/ -
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LYNN D. HOFFMAN AND SUZANNE HOFFMAN,
N005-625 Civil
CIVIL ACTION - LAW
Plaintiff (s)
From LEE LEIDIGH, 2911 ENOLA RD., CARLISLE, P A 17013
(I) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of M & T BANK, ONE WEST HIGH STREET, CARLISLE, P A
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 thau a named garnishee, you are directed to notify hirn/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $160,540.00
Interest TO 5/30/06 - $81,033.30
Atty's Cornrn %
Ally Paid $50.00
Plaintiff Paid
Date: MAY 11, 2006
LL $.50
Due Prothy $1.00
Other Costs
l~~
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name CHRISTIAN S. DAGHIR, ESQillRE
Address: 105 NORTH FRONT STREET
HARRISBURG, PA 17101
Attorneyfor:PLAlNTIFF
Telephone: 717-234-5600
Supreme Court lD No. 47741
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 05-625 CIVIL TERM
AMOUNT $160,540.00
INTEREST TO 5/30/06 $81,033.30
COSTS:
(To be Completed by Prothonotary)
Plaintiff
Attorney
Sheriff
This Writ
LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
LEE LEIDIGH,
Defendant
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
TO THE PROTHONOTARY OF SAID COURT:
ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) directed to Sheriff of Cumberland County, Pennsylvania;
(2) against Lee Leidigh, Defendant
(3) and against
Garnishee(s) .
(4) and index this writ
(a) against Lee Leidigh, Defendant and
as a lis pendens against the real property of the defendant(s) as follows:
2911 Enola Road
Carlisle, P A 17013
(5) Amount due
Interest to 5/30/06
(Costs to be added)
$160,540.00
$ 81,033.30
Total
$
Signature dkAn A'. /JtV~'
Christian S. Daghir, ft'squire
Address 105 North Front Street
Harrisbur.:. PA 17101
Attorney for Plaintiff
Telephone (717) 234-5600
DATE: May F' . 2006
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-625 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LYNN D. HOFFMAN AND SUZANNE HOFFMAN,
Plaintiff (s)
From LEE LEIDIGH
(1 ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(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) Ifproperty 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 $160,540.00
Interest TO 5/30/06 - $81,033.30
Atty's Comm %
Atty Paid $15.00
Plaintiff Paid
Date: MAY 19, 2006
L.L.
Due Prothy $1.00
Other Costs
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name CHRISTIAN S. DAGlllR, ESQillRE
Address: 105 NORTH FRONT STREET
HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 717-234-5600
Supreme Court ID No. 47741
'.
,.;
LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
Vs.
LEE LEIDIGH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-625 CIVIL TERM
Amount Due-$160,540.00
CIVIL ACTION - LAW
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYL VANIA )
SS:
COUNTY OF DAUPHIN )
LYNN D. HOFFMAN and SUZANNE HOFFMAN, PlaintitTs in the above
action, set forth as of the date of the Writ of Execution in this matter, the following
information concerning the real property located in Lower Frankford Township,
Cumberland County, Pennsylvania, known as 2911 Enola Road, Carlisle, PA 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
Lee M. Leidigh, 2911 Enola Road, Carlisle, PA 17013.
2. Name and address of Defendant(s) in the judgment:
Lee Leidigh, 2911 Enola Road, Carlisle, P A 17013.
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold: Lynn D. HotTman and Suzane
HotTman, 101 Shady Lane, Carlisle, P A 17013.
4. Name and address of the last recorded holder of every mortgage of
G:\WP\DOC\CIV.FLE\Hoffman-Writ. wpd
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record: None
5. Name and address of every other person who has any record interest
in or record lien on the property and whose interest may be affected by sale:
Lower Frankford Township, 1205 Easy Road, Carlisle, P A 17013
Tax Claim Bureau, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013
6. Name and address of every other person of whom the Plaintiff.has
knowledge who has any interest in the property which may be affected by the sale:
None.
The addresses listed above are the last known reasonable ascertainable
addresses after a reasonable search conducted by the Plaintiff.
I verify that the statements made in this Affidavit are true and correct to
the best of my personal knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to
unsworn falsification to authorities.
Date: May.-I 1- , 2006
~,/~~
Christian S. Dag ir, squire
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
Sworn and subscribed to
before me this \ ~ day
of May, 2006.
'Y~L. ~\~
No ary ublic
GIWFIDOCICIY.f1.E\Hoffman-Wri'wpd NOTARiAl SEAL
PATTY L. STROHECKER, Notary Public
CIty of Harrisburg, DauphIn County
My Comnis8Ion ExpInI8.1an. 6, 2W1 I
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LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
Vs.
LEE LEIDIGH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-625 CIVIL TERM
Amount Due-$160,540.00
CIVIL ACTION - LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: LEE LEIDIGH
Your real estate in Lower Frankford Township, Cumberland County,
Pennsylvania, known as 2911 Enola Road, Carlisle, P A 17013, is scheduled to be sold
at Sheriffs Sale on September 6, 2006, at 10:00 A.M. in the Cumberland County
Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of
$160,540.00 obtained by the above-named Plaintiffs against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE.
To prevent this Sheriffs Sale, you must take immediate action:
1. The same will be canceled if you pay to the above named Plaintiff the
amount of the judgment plus costs or the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call
Christian S. Daghir, Esquire, at (717) 234-5600.
2. You may be able to stop the sale by filing a petition asking the Court
G:\ WP\DOC\CIV.FLE\Hoffman-Writ.wpd
to strike or open the judgment, ifthe judgment was improperly entered. You may also
ask the Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact
one, the more chance you will have of stopping the sale. (See notice below to find out
how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU
HA VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling the Sheriff at the county
courthouse.
2. You may be able to petition the Court to set aside the sale if the bid
price was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full
amount due in the sale. To find out if this has happened, you may call the Sheriff at
the county courthouse.
4. If the amount due from the buyer is not paid to the Sheriff, you will
remain the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due
is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
G:\WP\DQC\ClV.FLE\Hoffman-Wril.wpd
6. You may be entitled to a share of the money which was paid for your
house. A schedule of distribution of the money bid for your house will be filed by the
Sheriff on October 6, 2006. This schedule will state who will be receiving that money.
They money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after sale date.
7. You may also have other rights and defenses, or ways of getting your
house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
1-800-990-9108
The Sheriffs phone number is: (717) 240-6390
~...A'd~'
Christian aghir, Esquire
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
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Tax Parcel No. 14-05-0423-022A
ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND SITUATE IN Lower
Frankford Township, Cumberland County, Pennsy Ivania, bounded and described as follows,
to wit:
TRACT NO. 1:
BEGINNING at an ash tree on the boundary line between lands of the Grantors herein and
lands of George Shughart, which said ash tree is three hundred seventy-nine (379) feet west
of a point common to the lands of the Grantors herein, George Shughart and John Darr;
thence along lands of George Shughart South sixty-nine and one-half (69.5) degrees west
four hundred ninety-two (492) feet to the east side of a lane; thence along the east side of
said lane in a southerly direction one hundred seventy- four (174) feet to a cherry tree; thence
in an easterly direction along lands of the Grantors four hundred ninety-two (492) feet to a
locust post; thence in a northerly direction along lands of the Grantors one hundred seventy-
four (174) feet to an ash tree at the place of BEGINNING.
CONTAINING two (2) acres, more or less.
TRACT NO.2:
BEGINNING at a point on the side ofthe public road designated as Pa. State Highway 944
and where the line between the parties hereto intersects said side of road; thence by the side
ofthe road North 41 degrees 30 minutes East 507.2 feet, more or less to a guard post on the
side ofthe road; thence by other land of the Grantors South 75 degrees Est 310 feet to a tree;
thence still by same South 48 degrees East 243 feet to a post on the line between Fry and
Leidigh; thence along said line South 70 degrees 30 minutes West 855 feet, more or less, to
the side of the highway, the place of BEGINNING.
CONTAINING 3.3 acres, more or less.
TRACT NO. 3:
BEGINNING at an ash tree by line ofland of Carroll W. Leidigh and Nelson H. Shughart
North 74 degrees 5 minutes East a distance of 400.65 feet to a post; thence South 7 degrees
55 minutes East a distance of274.00 feet by land of J. Ellsworth Wickard to a stake; thence
South 74 degrees 5 minutes West a distance of 1105.50 feet by land ofC. Carroll Leidigh
to a stake; thence North 7 degrees 55 minutes West a distance of274.00 feet to a railroad
spike; thence North 74 degrees 5 minutes East a distance of212.85 feet by lands of Carroll
W. Leidigh to a point; thence South 12 degrees 15 minutes East a distance of 174.00 feet by
lands of Carroll W. Leidigh by a point; thence North 74 degrees 5 minutes East a distance
of 492.00 feet by lands of Carroll W. Leidigh to a point; thence North 12 degrees 15 minutes
West a distance of 174.00 feet by lands of Carroll W. Leidigh to an ash tree, the point of
BEGINNING.
CONTAINING 4.925 acres, more or less.
G:\ WP\DOC\CIV.FLE\Hoffman~Writ.wpd
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BEING the same premiss which Carroll W. Leidigh and Esther M. Leidigh, his wife, by
their Deed dated January 25, 1979, and recorded in the Office for the Recording of Deeds
in and for Cumberland County in Deed Book G, Vol. 28, Page 496, granted and conveyed
to Carroll W. Leidigh and Esther M. Leidigh, his wife, and Lee H. Leidigh, with the said
Carroll W. Leidigh and Esther M. Leidigh having died, leaving to survive Lee H. Leidigh.
G:\ WP\DOC\CIV.FLE\HotTman-Writ wpd
,
LYNN D. HOFFMAN and
SUZANNE HOFFMAN, Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 05-625 Civil Term
vs.
LEE LEIDIGH
Defendant
and
M & T Bank,
Amount Due $160,540.00
CIVIL ACTION - LAW
Garnishee
PRAECIPE FOR ENTRY OF JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Please enter Judgment in favor of Plaintiff and against the Garnishee, M & T Bank,
in the amount of $28,820.46, being the amount Garnishee admits in its Answers to
Plaintitrs Interrogatories in Attachment to be the property of Defendant in its possession,
Le. - the amount of TWENTY-EIGHT THOUSAND EIGHT HUNDRED TWENTY
DOLLARS AND FORTY-SIX CENTS ($28,820.46).
TO CUMBERLAND COUNTY
Prothonotary
Dated: q/U/t)6
aL.t~~.
Christian S. Daghir, squire
Supreme Court J.D. #47741
Attorney for Plaintiff
Etzweiler & Associates
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
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vs.
LEE LEIDIGH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 05-625 Civil Term
LYNN D. HOFFMAN and
SUZANNE HOFFMAN, Plaintiffs
Defendant
and
M & T Bank,
Amount Due $160,540.00
CIVIL ACTION - LAW
Garnishee
To M & T Bank. Garnishee
You are hereby notified that on ,Jt .I, \ ~ .2 L . 2006, the following (Judgment)
has been entered against you in the above-captioned case.
Judgment entered in the amount of $28,820.46 per attached Answers to
Interrogatories.
DATE:
~ /1 (.. /Ob
I I
~~
I hereby certify that the name and address of the proper person( s) to receive this
notice is:
M & T Bank
P.O. Box 844
Buffalo, NY 14240
M & T Bank. Garnishee/alas
Por este medio se Ie esta notificando que el del 2006, el/la
siguiente (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
Judgment entered in the amount of $28,820.46 per attached Answers to
Interrogatories.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/asegun indicada en al
certificado de residencia:
M & T Bank
P.O. Box 844
Buffalo, NY 14240
Abogado del Demandante
G:\WP\DOCICN.FLE\HoffinaD-Wrlt.wpd
"
06-23-'06 12:05 FROM-
1-362 P003/006 F-290
,
ETZWEILER & ASSOCIATES
By: Christian S. DlIghir, Esquire
105 North Front Street
Harrisburg, PA 17101
Attorney for Plaintiff
(717) 234-5600
LYNN D. HOFFMAN and
SUZANNE HOFFMAN, l'laintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
l'ENNSYL VANIA
No, 05-625 Civil Term
vs.
LEE LEIDIGH
Defendant
and
M & 'I' Bank,
Amount Due $160,540.00
CIVIL ACTION - LAW
Garnishee
ANJWERS 10
INTERROGATORIES IN ATTACHMENT
TO: M & 'I' Bank (Garnishee)
One West High Street
Carlisle, P A 17013
You must file with the COUl't answcrs to the following intcl'I'ogatories within
twenty (20) days afte,' service upon you. Failure to do so may ,'esult ill a default
judgment being entered against you. A copy of sllid answers must be served on the
undersigned, If yonI' answer to any of the fOI'ee:oinl: interroelltories is affirllllltive.
specifv the amonnt. value and/ol' nature of the subiect l)rOpertv.
1. At the time you were served or at lIny subsequent time, did you owe the
defendant(s) any money or were you liable to defendant(s) on any negotiable or other
written instrument, or did defendant(s) claim tbllt you owed any money or were liable
to defendllnt(s) for any rellsou'!
y<!'~
G:\WI'\DOl.'CIV,ft.~.\llol,....~.WI;I."""
06-23-'0612:06 FROM-
T-362 P004/006 F-290
,
2. At the time you were served or at any subsequent time, was thcI'c in YUill'
possession, custody or control or in the joint possession, custody or contl'ul of yourself
or one or more other persons any pI'operty 01' allY nature owned solcly or in part by
the defelldant(s)? (\0
3. At anytime you wel'e sel'Ved or at any subsequent time, did you hold legal
title to any property of any nature owned solely or in part by the defendllnt(s) OJ' in
which defendant(s) held or claimed any interest?
fl.0
4. At any time you were served OJ' at any subsequent time, did you hold as
II fiduciary any property in which the defendant(s) had all interest?
,\n"\
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(l-,\W....OOl:\l..IVJI.I\\llnllill,....Wlit"pIl
06-23-'06 12:06 FROM-
T-362 P005/006 F-290
5. At any time before 01' afteryolI were served, did the defendant(s) tnlllsfel'
01' deliver any propel'ty to you or to llllY person or place pnrsuant to YOIII' direction or
consent and, if so, what was the considel'ation therefor?
rf0
6. At the time you were served or at allY subseqnent time, did yon IJay,
transferor deliver any money or property to the defendallt(s) 01' to any IJel'SOIl or place
pursuant to the direction ofdefendant(s) against YOII?
'-;;'0
\
7. At the time YOII were served or at any subsequent time, did you have or
share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons,
receivable, or collateral in which there was 1\11 interest claimed by defelldant(s)?
/\.0
I
(t\\'MIIUr.'CIY_FtMtl'"w.W'ii.\lpd
06-23-'0612:06 FROM-
T-362 P006/006 F-290
8. Identify every account (not pl'eviously noted), titled in thc mIme of
defendant(s) or in which you believe defendant(s) have an interest in whole 01' pal't,
whether or not styled as a payroll account, individuall'ctirement account, tax account,
lottery account, partnership account, joint or tenants by entirety lIccount, insurllncc
account, trust or escrow account, attol'lley's account or otherwise, including but
1I0t limited to Checking Account No. 03302955:424307 and Checl,iug Accouut No.
. 031302955:0000612723and~lrren~.~ah~I.lc~(s) of all account~ .'
cJ.,,(\. j~.~(~l-*, 42 Lf ?)~') .',. '"'(,2)/ 6J-0 "~V:' txlY. ct. ,~~-
(j t.7~\_ I~\ ' Le. uJlt\ll BAU\NCES PROVIDED
\ .. ' (,) MAY NOT REFLECT
1,....JL.k~__ L(l.d~l'1') UNPOS,TED
() TRANSACTIONS
l_('~ \ (ll L?) f'JIJ \~ ( Q... \lJ ~k:>-C~~') I{cd il:
, j-... TI-!N /eo ,
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., . ,)1),\ rno '.. IY,
hlJthnriz",. t,. - .UJ'~$) ""'rl't/en
.,. -. on "'- ' .
a , If(1JOVor Orrl..,". onth ownors
- \./ to r,,!p.r'''R .. and/or
0.. rI./(k/s,
Etzweiler & Associates
By:
.~
/
I
Christian S. Da r, ES1luire
Attorneys for Plaintiff
JUN J 1 200S
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"-..) ,V V ,.",", /'., "\1';''-'
(;:\\'I~IK.H).CfV_l'l.m'lol~"'n.Yln:I,"'pl
.06-23-'0612:05 FROM-
T-362 P002/006 F-290
m!M&rBank
Legal Document Processing
Phone # 716-635-7718
Fall # 716-635-7725
.Julle 21, 2006
Elzweiler & Associates
105 N0l1h Front Street
Harrisburg, PA 17\0\
Rc:
Writ of Garnishment on Garnishee received by
Manufacturers and Traders Trost Company
Lynn D. & Suzanne Hoffman vs. Lee Lcidigh
No. 05-625
Pursuant to the nbove referenced Writ of Garnishment and Interrogatories on Garnishee., manufacturer, and Traders Tru.'il
Company has sClU'ched its nx:ords and hms idenljfit.~ lhe lollowing open 3Ceou"'S with oolances due ils \.'Ustomcr(s).
'~
I\cct No.
24307
Oalancc
528,820.46
Acel No.
---_.
Ifthe Writ orGnrnishment ilnd Interrogatories nISI) sought 1'0 rcslrnin f.\ccess 10 safe dcpm:il hoxes, rhen .my sale deposit boxes
identified lit any of our branches arc listed below.
__ ~~me
~
Branch NUIl\Il\:fo
Slife Deposit Box Number
Ir~my oflhc ahove llccounls or safe deposit boxes are dtsignatcd by n "J" thai menllS they arc accounts or safe deposil boxes in
which persons other than Ihose idcntiJied in the Writ ofCiarnishmcnt and InterrogalOries mllY also h:lVC.1n interest. With respect
to all SilrC deposit boxes, an order dil-ccting the drilling of the hox must first be obtained and Manufacturers and Traders Trust
Company mllst be reimbursed lor the cost of drilling and replacing the lock on Ihe box. Pa.R.C.I). No. 3110. 42 fla.C.S.A.
Itcsponscs to InICl1"l)gatorics lhat )'ou propounded, ifi'lUY. arc enclosed.
Sincerely,
Talia S.PaJmcr
Legal Document Analyst
(716) 6J5.771H
1~llclosul'c:
Responses to Interrogatories
Manufacturers and Traders Trust Company P,O. Box #844, Buffalo, New YOI'k 14240
t "'"
,
..'
ETZWEILER & ASSOCIATES
By: Christian S. Daghir, Esquire
105 North Front Street
Harrisburg, PA 17101
Attorney for Plaintiff
(717) 234-5600
LYNN D. HOFFMAN and
SUZANNE HOFFMAN, Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
No. 05-625 Civil Term
vs.
LEE LEIDIGH
Defendant
and
M & T Bank,
Amount Due $160,540.00
CIVIL ACTION - LAW
Garnishee
tbLCers 10 INTERROGATORIES IN ATTACHMENT
TO: M & T Bank (Garnishee)
One West High Street
Carlisle, P A 17013
You must file with the Court answers to the following interrogatories within
twenty (20) days after service upon you. Failure to do so may result in a default
judgment being entered against you. A copy of said answers must be served on the
undersigned. If your answer to anv of the foreeoinl! interroeatories is affirmative.
specifv the amount. value and/or nature of the subject property.
1. At the time you were served or at any subsequent time, did you owe the
defendant(s) any money or were you liable to defendant(s) on any negotiable or other
written instrument, or did defendant(s) claim that you owed any money or were liable
to defendant(s) for any reason?
y~
G:\ WPIDOCICIV.FlEIHoffIllBJt.Wril. wpd
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2. At the time you were served or at any subsequent time, was there in your
possession, custody or control or in the joint possession, custody or control of yourself
or one or more other persons any property or any nature owned solely or in part by
the defendant(s)? (\0
3. At any time you were served or at any subsequent time, did you hold legal
title to any property of any nature owned solely or in part by the defendant(s) or in
which defendant(s) held or claimed any interest?
(v0
4. At any time you were served or at any subsequent time, did you hold as
a fiduciary any property in which the defendant(s) had an interest?
rvo
G:\WP\DQCICIV.FLE\HotJ'man.Wri1.wp6
.
5. At anytime before or after you were served, did the defendant(s) transfer
or deliver any property to you or to any person or place pursuant to your direction or
consent and, if so, what was the consideration therefor?
,v:>
6. At the time you were served or at any subsequent time, did you pay,
transfer or deliver any money or property to the defendant(s) or to any persou or place
pursuant to the direction of defendant(s) against you?
(V0
7. At the time you were served or at any subsequent time, did you have or
share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons,
receivable, or collateral in which there was an interest claimed by defendant(s)?
(LD
G:\WP\DOC\CIV.FLEIH"ffrnan-Wril. wpd
.
.
8. Identify every account (not previously noted), titled in the name of
defendant(s) or in which you believe defendant(s) have an interest in whole or part,
whether or not styled as a payroll account, individual retirement account, tax account,
lottery account, partnership account, joint or tenants by entirety account, insurance
account, trust or escrow account, attorney's account or otherwise, including but
not limited to Checking Account No. 03302955:424307 and Checking Account No.
. 031302955:0000612723 and current balance(s) of all acc~unt~
cY-fr JM c\cc:HI-lfZ'-/ :'07 l-~'I~W.<t1f (;>'UL~
~'L- IV\ . LeV::t~h BAl.ANCES PROVIDED
\ _ ~ J ."~.. U . MAY NOT REFLECT
~ LX..-. UNPOSTED
TRANSACTIONS
II)\~ ll.?y N<J\tC (VJ+h~ Ac:d~
Vi THIS IS A J
M & T Bank re OINT ACCOUNT
Authorization oiU/res Written
a Turnover Order t both oWners a....'
o release fUnd . ""or
s.
Etzweiler & Associates
By:
Christian S. Da r, Esquire
Attorneys for Plaintiff
JON J 1 2006
A S. PALMER
M&T BANK
G:\WPIDOC\CIV.FLE\Hoffman-Wril.wpd
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 05-625 Civil Term - Revived ,/'
from No. 4196 Civil 1996 - Revived
From No. 2481 Civil 1991
LYNN D. HOFFMAN and
SUZANNE HOFFMAN, Plaintiffs
LEE LEIDIGH
Defendant
Amount Due $160,540.00
CIVIL ACTION - LAW
PRAECIPE TO SATISE..Y. SE'ITLE..lllSCONTIMJE AND END
TO THE PROTHONOTARY:
Please satisfy the judgment in the above action and mark the action settled, discontinued
and ended.
Dated: June 3D ,2006
&*:dX{~~'
hristian S. Daghir, Es e
Attorney for Plaintiff
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
F:\WPDQC\Crv.FLElHoft'man-Wril.wpd
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vs.
LEE LEIDIGH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
No. 05-625 Civil Term
LYNN D. HOFFMAN and
SUZANNE HOFFMAN, Plaintiffs
Defendant
Amount Due $160,540.00
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROmONOTARY:
Kindly enter my appearance on behalf of the Plaintiffs, Lynn D. Hoffman and
Suzanne Hoffman, in the action above-captioned.
Dated: June ~, 2006
. f~~1E~~.
ETZWEILER & ASSOCIATES
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
F:\WP\DOCICIV.~Writ,wpd
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-00625 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
HOFFMAN LYNN D ET AL
VS
LEIDIGH LEE
And now WILLIAM CLINE
,Sheriff or Deputy Sheriff of
Cumberland County of pennsylvania, who being duly sworn according
to law, at 0019:20 Hours, on the 24th day of May
, 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
LEIDIGH LEE
, in the
hands, possession, or control of the within named Garnishee
M & T BANK 812 1/2 W. HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CARIE DERICK (TELLER)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
~ .00-./
{,/~D(O{ OS/25/2006
Subscribe to / ~ , .
this day of By /~V ~~
~ Deputy Sheriff
So answers:
r;:,~-.H: &L:.~
. Thomas Kline'
Sheriff of Cumberland County
Sworn and
before me
A.D
,
Lynn D. Hoffman and Suzanne Hoffman
VS
Lee Leidigh
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-625 Civil Term /'
Real Estate Writ, Notice of Sale
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per instructions from Attorney Christian Daghir.
Sheriffs Costs:
Docketing
Surcharge
Law Library
Prothonotary
Levy
Advertising
Posting Handbills
Mileage
Share of Bills
Poundage
30.00
20.00
.50
1.00
15.00
15.00
15.00
4.40
19.31
2.200.00
$2,320.21/ 9-
711'1/~~
so~: MA
~ ~~~~-<< ~
R. Thomas Kline, Sheriff
BYU~JmrtL,
Real Estate gt. Jody Smith
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LYNN D. HOFFMAN and
SUZANNE HOFFMAN,
Plaintiffs
Vs.
LEE LEIDIGH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 05-625 CIVIL TERM
Amount Due-$160,540.00
CIVIL ACTION - LAW
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: LEE LEIDIGH
Your real estate in Lower Frankford Township, Cumberland County,
Pennsylvania, known as 2911 Enola Road, Carlisle, PA 17013, is scheduled to be sold
at Sheriffs Sale on September 6, 2006, at 10:00 A.M. in the Cumberland County
Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of
$160,540.00 obtained by the above-named Plaintiffs against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE.
To prevent this Sherifrs Sale, you must take immediate action:
1. The same will be canceled if you pay to the above named Plaintiff the
amount of the judgment plus costs or the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call
Christian S. Daghir, Esquire, at (717) 234-5600.
2. You may be able to stop the sale by filing a petition asking the Court
G:\ wp\ooacl V.FLE\HolTman- Wril. wpd
,
..
..
to strike or open the judgment, if the judgment was improperly entered. You may also
ask the Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact
one, the more chance you will have of stopping the sale. (See notice below to find out
how to obtain an attorney.)
YOUMA Y STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling the Sheriff at the county
courthouse.
2. You may be able to petition the Court to set aside the sale if the bid
price was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full
amount due in the sale. To find out if this has happened, you may call the Sheriff at
the county courthouse.
4. If the amount due from the buyer is not paid to the Sheriff, you will
remain the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due
is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
G:\ WP\DOaCIV FLE\Hoffman-WriL wpd
'"
6. You may be entitled to a share of the money which was paid for your
house. A schedule of distribution of the money bid for your house will be filed by the
Sheriff on October 6, 2006. This schedule will state who will be receiving that money.
They money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after sale date.
7. You may also have other rights and defenses, or ways of getting your
house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
1-800-990-9108
The Sheriffs phone number is: (717) 240-6390
,
Christian aghir, Esquire
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
Attorney for Plaintiff
G:\ WP\DOC\CIVFLE\Hoffman-Wril.wpd
- ............
Tax Parcel No. 14-05-0423-022A
ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND SITUATE IN Lower
Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows,
to wit:
TRACT NO. 1:
BEGINNING at an ash tree on the boundary line between lands of the Grantors herein and
lands of George Shughart, which said ash tree is three hundred seventy-nine (379) feet west
of a point common to the lands of the Grantors herein, George Shughart and John Darr;
thence along lands of George Shughart South sixty-nine and one-half (69.5) degrees west
four hundred ninety-two (492) feet to the east side of a lane; thence along the east side of
said lane in a southerly direction one hundred seventy-four (174) feet to a cherry tree; thence
in an easterly direction along lands of the Grantors four hundred ninety -two (492) feet to a
locust post; thence in a northerly direction along lands ofthe Grantors one hundred seventy-
four (174) feet to an ash tree at the place of BEGINNING.
CONTAINING two (2) acres, more or less.
TRACT NO.2:
BEGINNING at a point on the side of the public road designated as Pa. State Highway 944
and where the line between the parties hereto intersects said side of road; thence by the side
ofthe road North 41 degrees 30 minutes East 507.2 feet, more or less to a guard post on the
side of the road; thence by other land of the Grantors South 75 degrees Est 310 feet to a tree;
thence still by same South 48 degrees East 243 feet to a post on the line between Fry and
Leidigh; thence along said line South 70 degrees 30 minutes West 855 feet, more or less, to
the side of the highway, the place of BEGINNING.
CONTAINING 3.3 acres, more or less.
TRACT NO. 3:
BEGINNING at an ash tree by line ofland of Carroll W. Leidigh and Nelson H. Shughart
North 74 degrees 5 minutes East a distance of 400.65 feet to a post; thence South 7 degrees
55 minutes East a distance of274.00 feet by land of J. Ellsworth Wickard to a stake; thence
South 74 degrees 5 minutes West a distance of 1105.50 feet by land ofC. Carroll Leidigh
to a stake; thence North 7 degrees 55 minutes West a distance of274.00 feet to a railroad
spike; thence North 74 degrees 5 minutes East a distance of212.85 feet by lands of Carroll
W. Leidigh to a point; thence South 12 degrees 15 minutes East a distance of 174.00 feet by
lands of Carroll W. Leidigh by a point; thence North 74 degrees 5 minutes East a distance
of 492.00 feet by lands of Carroll W. Leidigh to a point; thence North 12 degrees 15 minutes
West a distance of 174.00 feet by lands of Carroll W. Leidigh to an ash tree, the point of
BEGINNING.
CONTAINING 4.925 acres, more or less.
G:\ WP\DOO.ctV. FLE\HoITman.W rit. wpd
~ ...,.,~.
BEING the same premiss which Carroll W. Leidigh and Esther M. Leidigh, his wife, by
their Deed dated January 25, 1979, and recorded in the Office for the Recording of Deeds
in and for Cumberland County in Deed Book G, Vol. 28, Page 496, granted and conveyed
to Carroll W, Leidigh and Esther M. Leidigh, his wife, and Lee H. Leidigh, with the said
Carroll W. Leidigh and Esther M. Leidigh having died, leaving to survive Lee H. Leidigh.
G:\ WP\OOC\C1V.FLE\HofTman-Wril. wpd
. .
WRIT OF EXECUTION and/or ATTACHMENT
. .
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-625 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LYNN D. HOFFMAN AND SUZANNE HOFFMAN,
Plaintiff (s)
From LEE LEIDIGH
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(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) Ifproperty 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $160,540.00
Interest TO 5/30/06 - $81,033.30
Atty's Corom %
Atty Paid $15.00
Plaintiff Paid
L.L.
Due Prothy $1.00
Other Costs
Date: MAY 19, 2006
~
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name CHRISTIAN S. DAGHIR, ESQillRE
Address: 105 NORTH FRONT STREET
HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 717-234-5600
Supreme Court ID No. 47741
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Real Estate Sale # 69
On June 2, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Frankford Twp, Cumberland County, P A
Known and numbered as 2911 Enola Road, Carlisle,
more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June 2, 2006
By:" \ It. 1tuxS.... . .} I
,.) v v (). Vl/\);L.V\
Real Estate Sergeant
E 0 :01 V E G ^ V~ QOOl
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Thomas Kline, Sheriff, who being duly sworn ac~ording to law, states
this writ is returned STAYED.
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
18.00
1.66
Advance Costs: 150.00
Sheriffs Costs: 84.56
$ 65.44
Sheriffs Costs:
.50
1.00
4.40
30.00
20.00
Refunded to Arty on 07/19/06
9.00
84.56 y ~.. 1- ;A~(J(p
7~~~~
~. Thomas Klin. e'.S.hen. . ff / ~
Cj ~O'~ .~lr/ ~
By ClaudIa A. Brewbaker V\
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LYNN D. HOFFMAN AND SUZANNE HOFFMAN,
N005-625 Civil
CIVIL ACTION - LAW
Plaintiff (s)
From LEE LEIDIGH, 2911 ENOLA RD., CARLISLE, P A 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of M & T BANK, ONE WEST IDGH STREET, CARLISLE, PA
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) Ifproperty 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.
AmountDue $160,540.00
Interest TO 5/30/06 - $81,033.30
Atty's Conun %
Atty Paid $50.00
Plaintiff Paid
Date: MAY 11, 2006
L.L. $.50
Due Prothy $1.00
Other Costs
ckns R.
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name CHRISTIAN S. DAGHIR, ESQUIRE
Address: 105 NORTH FRONT STREET
HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 717-234-5600
Supreme Court ID No. 47741