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HomeMy WebLinkAbout05-1050 IN THE COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW os- / 1031) c..v.'/ .- 1c...1'-1V\ COMPLEAT RESTORATIONS AND CONSTRUCTION, INC., TIA COMPLEAT RESTORATIONS Plaintiff, U"; -" J S-C: r No.: CI-04-11969 vs. STARNET ENTERPRISES, INC., TIA CALEDONIA CONSTRUCTION SERVICES, Defendant. WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF LANCASTER ) To the Sheriff of Cumberland County: To satisfy the judgment, interest and costs against Starnet Enterprises, Inc., TIA Caledonia Construction, Defendant, (1) therein; You are directed to levy upon the property of the Defendant and to sell its interest (2) You are also directed to attach the property of the Defendant, not levied upon in, the possession of Commerce Bank, 100 Senate Avenue, Camp Hill, PA 17011, as garnishee, All accounts of the defendant with the garnishee or in the possession of the garnishee including checking accounts, savings accounts, certificates of deposit, or monies due or to be due defendant. And to notify the garnishee that: (a) An attachment has been issued; 1 . . (b) 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; (3) Ifproperty of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a narned garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Amount due Interest from 09/17/04 to 12/15/04 Attorney fees $54,982.01 1,087.42 8,410.41 $64,479.84 72.25 Total LANCASTER CO. PROTHONOTARY COSTS RANDAll o. WENGER PROTHONOTARY COURT m' COMMON PLEAS OF LANCASTER CO., PENNSYLVANIA Dated: January 19,2005 ~puty Prothonotary 2 J' . ~ WRIT OF EXECUTION - NOTICE This paper is a "Writ of Execution". It 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$300.00. 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: (l) Fill out the claim form and demand a prompt hearing. (2) Deliver the foml or mail it to the Sheriffs 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. YOU SHOlJLD TAKE THIS PAPER TOYOlJRLAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGEL HELP. LANCASTER BAR ASSOCIATION LAWYER REFERRAL SERVICE 28 EAST ORANGE STREET LAN CASTER, P A 17602 TELEPHONE: 717-393-0737 MAJOR EXEMPTION UNDER PENNSYLVANIA AND FEDERAL LA VV (1) $300.00 statutOl'} exemption (2) Bibles, school books, sewing machines, unifoTI11s and equipment (3) Most wages and unemployment compensation (4) Social Security benefits (5) Certain retirement n.mds and accounts (6) Certain veteran and armed forces benefits (7) Certain insurance proceeds (8) Such other ex.emptions as may be provided by law ---- " . . CLAIM FOR EXeMPTION TO THE SHERIFF: I) the defendant, ciaim Exemption of property f;--om levy or attachment: (1) From my personal property in my possession which has been levied upon: (a) I desire that my $300.00 statuc:ory exemption be [ ] (\) set aside in kind (specify property to be set aside in kind): [ ] (II) paid in c2sh following the sale of the property levied upon or (b) I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (2) my $300.00 statutory exemption: ( ) in cash () in kind (specify property): " ) (D Social Security benefits on deposit in the amount of: $ (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at address telephone no. I verify that the statements made ir, this Claim for EXemption are true and correct I understcmd that false statements herein are made subject to the penalties of 18 PA C.S. &4904 relating 1:0 unswom falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH: SHERIFF OF Lt\NC6..STER COUNTY 50 NORTH DUKE SiRE,,! 1_!:,NCA.STER1 P,-'\ ~1 7502 (F! 7) 299-8200 A. (\ "- --t' " ...... "" ~ ~ -l) {: 1" ~ ~ '- f lO :01 "'i/ Z Z 93.:1 ~OOI rid ',,1,;;1(;) Gi\ '-,:'LUWnJ .:l.:lll:l3HS :-;Hl .:10 3::lI.:J.:lO ~ ~ a 0., ~ ~ ~ ~ '.," -0 ~:n t~) tr~ ~; .' (/~! ,.~, . L<: ~:~ :?;(.- ~; t~~: :::\ -( EO :b "'i/ EZ 91:1 mz f; ..., ::j~ ~, ::l't -> ?J I N "" :%: c.:; r- ,+;.'. 'lid '".;~-:.,.","J \...;..: ;i,',,-,,: j;\:j .:l.:lll:l3HS JHl JO 3JI.:i.:W o -n 5",., 1~~.~r;:l :') I=? 1:,,:~I~;?1 ::D C) rn R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Postage Garnishee TOTAL So Answers; 2005 A.D. protho Advance Costs: Sheriff s Costs 150.00 81.26 68.74 18.00 1.39 10.50 12.00 Refunded to Atty on 09/12/05 30.00 .37 9.00 81.26 G '" Sworn and Subscribed to before me " '6 ~ ~ a \n~ ~UUl \ 0 :Q\ " .. '1 Tii5lr~(\'J .<tel ').J_\i[\(j~\~:'~o '35u:lO .:l.:lIB3\-\S~' .l- GO :b "1/ E~ 81:J IDOl ~.- (S; >\. ,;> : ~:'- '(\~ '&:; '10. '/\1.1:1;(,<) L..;, -lL~,: 'L~} .:L:li~3HS 3H.l .::G 3:JI.:i.:!iJ (b) 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; (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 him that he has been added as a garnishee and is enjoined as above stated. Amount due Interest from 09/17/04 to 12/15/04 Attorney fees $54,982.01 1,087.42 8,410.41 Total $64.479.84 lANCASTER CO. PROTHONOTARY COSTS 72.25 RANDAll O. WENGER PROTHONOTARY COURT OF COMMON PLEAS OF LANCASTER CO., PENNSYL VANIA Dated: January 19,2005 1~JMj- . , Deputy Prothonotary 2 U ORIGINAL IN THE COURT OF COMMON PLEAS LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLEAT RESTORATIONS AND CONSTRUCTION, INC., T/A COMPLEAT RESTORATIONS Plaintiff, 71.e. os' -/65 I.) No.: Cl-04-11969 VS. STARNET ENTERPRISES, INC., T/A CALEDONIA CONSTRUCTION SERVICES, Defendant. WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF LANCASTER ) To the Sheriff of Cnmberland County: To satisfY the judgment, interest and costs against Starnet Enterprises, Inc., T/A Caledonia Construction, Defendant, (1) therein; You are directed to levy upon the property of the Defendant and to sell its interest (2) You are also directed to attach the property of the Defendant, not levied upon in, the possession of Commerce Bank, 100 Senate Avenue, Camp Hill, PA 17011, as garnishee, All accounts of the defendant with the garnishee or in the possession of the garnishee including checking accounts, savings accounts, certificates of deposit, or monies due or to be due defendant. And to notifY the garnishee that: (a) An attachment has been issued; 1