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HomeMy WebLinkAbout14-6293 Richard W. Keifer III THIS IS AN ARBITRATION CASE I.D.# 84924 AN ASSESSMENT OF DAMAGES Keifer Law Firm 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-1851 CATERPILLAR FINANCIAL SERVICES COURT OF COMMON PLEAS CORPORATION PERRY COUNTY 2120 WEST END AVE. CIVIL-ACTION -LAW NASHVILLE, TN 37202 Plaintiff, l LI 6,::�9- vs. No.: 2014-308 • ti zy EDWARD L. SHULL both individual) and d/b/a SHULL'S TREE SERVICE =+ 81 NEWPORT ROAD % --q r7 DUNCANNON, PA 17020 r. " Defendant, G p,5 n GJ C":) PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County; (2) against, Edward L. Shull, both individually and d/b/a Shull's Tree Service, Defendants; (3) and against, M&T Bank, garnishee; (4) and index this writ (a) against M&T Bank, as garnishee, One West High Street, Carlisle, PA 17013. (5) Amount due (a) Unpaid balance of the instrument $ 3,265.02 (b) Interest $ (plus $.53 per day from 9/8/14) �I"tdlll�lSa`It��d (b) Total M.N003 QN Vn�3swno $ 3,265.02 (plus costs and .0 Wd 9z 130,1 Ol interest in the amount of$.53 per day from 9/9/14) �,�1 VI O1111HIHM 3H! A0 ami q,�-00 /0,1 31173,E [costs to be added] Richard W. Keifer III, Esquire Attorney for Plaintiff 8 Gershom Place Kingston, PA 18704 (570)371-3851 RichardKeifer IIT THIS IS AN ARBITRATION CASE I.D.# 84922 4 AN ASSESSMENT OF DAMAGES Keifer Law Firm 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-1851 CATERPILLAR FINANCIAL SERVICES COURT OF COMMON PLEAS CORPORATION PERRY COUNTY 2120 WEST END AVE. CIVIL -ACTION-LAW NASHVILLE, TN 37202 Plaintiff, ; vs. No.: 2014-308 EDWARD L. SHULL both individually and d/b/a : W R i T # �O 4 4 - (74 SHULL'S TREE SERVICE 81 NEWPORT ROAD DUNCANNON, PA 17020 - Defendant, C, _' WRIT OF EXECUTION MONEY JUDGMENT c --a i COMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY TO THE SHERIFF OF CUMBERLAND COUNTY,PA W rz To satisfy the judgment, interest and costs against defendant, Edward L. Shull,both individually and d/b/a ShuWs Tree Service. (1) You are directed to attach the property of the defendant,Edward L. Shull,both individually and d/b/a Shull's Tree Service,as Garnishee per the following property description: All accounts in the Defendants'name(s). And to notify Garnishee that (a)An attachment has been issued; thereof. (b)The garnishee is enjoined from delivering any property of the defendant(s)or otherwise disposing (c)The attachment shall not include any funds in an account of the defendant 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 (ii)that the total of$300 or less. If multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy or attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.CS 8123 (3) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee,you are directed to notify them that they have been added as a garnishee and are enjoined as above stated. COSTS: Pro hong ary: (a) Amount Due: $3,265.02 (b) Interest(plus $ Sheriff: $ $.53 p/d from 9/9/14) Total $ 3,265.02 (plus costs and interest in the amount of$.54 per day from 9/9/14) Plus costs as per endorsement hereon. Y�tL�T Prothonotary SEAL - t/Deputy Richard W. Keifer III THIS IS AN ARBITRATION CASE I.D.# 84924 AN ASSESSMENT OF DAMAGES Keifer Law Firm HEARING IS NOT REQUIRED 8 Gershom Place Kingston, PA 18704 (570)371-1851 CATERPILLAR FINANCIAL SERVICES COURT OF COMMON PLEAS CORPORATION PERRY COUNTY 2120 WEST END AVE. CIVIL -ACTION-LAW NASHVILLE, TN 37202 Plaintiff, ; vs. No.: 2014-305 EDWARD L. SHULL both individually and d/b/a Wp�i A61q - 1% SHULL'S TREE SERVICE 81 NEWPORT ROAD DUNCANNON, PA 17020 Defendant, 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. A SUMMARY OF THE MAJOR EXEMPTIONS IS LISTED BELOW. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 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. IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: (1) FILL OUT THE ATTACHED CLAIM FORM AND DEMAND A PROMPT HEARING AND (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. 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 1-800-990-9108 717-249-3166 Richard W. Keifer III THIS IS AN ARBITRATION I.D.# 84924 N CASE Keifer Law Firm AN ASSESSMENT OF DAMAGES 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-1851 CATERPILLAR FINANCIAL SERVICES CORPORATION � COURT OF COMMON PLEAS 2120 WEST END AVE. PERRY COUNTY NASHVILLE, TN 37202 CIVIL -ACTION-LAW Plaintiff, vs. No.: 2014-308 WRIT 2 EDWARD L. SHULL both individually and d/b/a0 1' 6C SHULL'S TREE SERVICE 81 NEWPORT ROAD DUNCANNON, PA 17020 Defendant, ; To the Sheriff CLAIM FOR EXEMPTION 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$300.00 statutory exemption be: ` (1) Set aside in kind (specify property to be set aside in kind); (2)paid in cash 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: a. my $300.00 statutory exemption: (1) in cash; (2) in kind(specify property): b. Social Security benefits on deposit in the amount of$ C. other(specify amount and basis of exemption): CLAIM FOR EXEMPTION- CONTINUED I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Telephone) 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. § 4904 relating to unsworn falsification to authorities. Date: Signature of Defendant THIS CLAIM TO BE FILED WITH CUMBERLAND COUNTY SHERIFF 1 Courthouse Square Room 303 Carlisle, PA 17013 Ph: 717.240.63 90 Fx: 717.240.6397 Richard W. Keifer III THIS IS AN ARBITRATION CASE I.D.# 84924 AN ASSESSMENT OF DAMAGES Keifer Law Firm 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-1851 CATERPILLAR FINANCIAL SERVICES COURT OF COMMON PLEAS CORPORATION PERRY COUNTY 2120 WEST END AVE. CIVIL -ACTION -LAW NASHVILLE, TN 37202 Plaintiff, ; vs. No.: 2014-308 EDWARD L. SHULL both individually and d/b/a (��"I T C;+(L{ - IX SHULL'S TREE SERVICE 81 NEWPORT ROAD DUNCANNON, PA 17020 Defendant, To: M&T Bank: (Garnishee) Interrogatories in Aid of Attachment You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1.At the time you were served or at any subsequent time did you owe the defendant any money or were you Iiable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 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 and one or more other persons any property of any nature owned solely or in part by the defendant? 3.At the 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 or in which defendant held or claimed any interest? 4.At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5.At any time before or after you were served did the defendant 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? 6.At any time after you were served did you pay,transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant fave funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ri' THE PRO f HOr-10 2111 NOV -3 RI 3: 56 CUPS NNSYLVA A COUNTY /9.- 3 OFFICE, CSF TNw St4E,RIF= Caterpillar Financial Services Corporation vs. Edward L Shull (et al.) Case Number 2014-308 SHERIFF'S RETURN OF SERVICE 10/30/2014 09:43 AM - Shawn Gutshall, 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, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Caren M. Brosius, Relationship Banker, personally SIX copies of interrogatories together with SIX true and attested copies of the Writ of Execution (three per defendant) and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 31, 2014 to Edward Shull at 81 Newport Road, Duncannon, PA 17020 and to Shull's Tree Service at 81 Newport Road, Duncannon, PA 17020. N GUTSHA ,DEPUTY SO ANSWERS, October 31, 2014 RONNY R ANDERSON, SHERIFF fL CcuntySuite Sheriff,,'releosett Inc.