HomeMy WebLinkAbout05-1907
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BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(/5> /q07 6:JJ LL
Attorneys for Plaintiff
CAROLINA BUILDERS
CORPORATION t/dIb/a CHARLES C.
LOOSE AND SON,
COURT OF COMMON PLEAS OF
LEBANON COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
Plaintiff
v.
05 -:.3{)() ,/
No. 2003-01774
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HARRY L. SMITH & SONS, INC. and
HARRY L. SMITH, Individually,
Defendants
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RAGHU T ADA V ARTHY and
JYOTHIP. TADAVARTHY,
Garnishees
WRIT OF EXECUTION
This paper is a Writ of Execution. It has been issued because there is ajudgment ag inst
you. It may cause your property to be held or taken to pay the judgment. You may have Ie! al
rights to prevent your property frorn being taken. A lawyer can advise you more specificall 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. 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: (I) Fill out the aU ched
claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff
Office at the address noted.
1374574-1
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You should come to court ready to explain your exemption. If you do not come to urt
and prove your exemption, you may lose some of your property.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA ER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCmS THAT MAY OFFER LE
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
1374574-1
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BARLEY SNYDER LLC
Sbawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
Attorneys for Plaintiff
CAROLINA BUILDERS
CORPORATION tJdlb/a CHARLES C.
LOOSE AND SON,
COURT OF COMMON PLEAS OF
LEBANON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
v.
os - .j7)[)I(
No. 2003-01774
HARRY L. SMITH & SONS, INC. and
HARRY L SMITH, Individually,
Defendants
RAGHUTADAVARTHYand
JYOTHIP. TADAVARTHY,
Garnishees
WRIT OF EXECUTION - (Money Judgment)
(Pa. R.C.P. 3101 to 3149 and 3252)
COMMONWEALTIl OF PENNSYLVANIA
COUNTY OF LEBANON
TO TIlE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and cost against Harry L. Smith & Sons. Inc.
and Harry L. Smith. Individuallv, Defendants
(I) You are directed to levy upon the property of the defendants and to sell their interest therein;
(2) You are directed also to attach the property of the defendants not levied npon in the possession ofB, Jl!!
Tadavarthv and Jvothi P. Tadavarthy, as garnishees
and to notify the garnishees
(a) that an attachment has been issued; and
(b) that the garnishees are etUoined from paying any debt to or for the account of the defendan and
from delivering any property of the defendants or otherwise disposing thereo[
(3) If property of the defendants not levied upon and subject to attachment is found in the possession of anyone
other than the named garnishees, you are directed to notify him that he has been added as a garnishe and is
enjoined as above stated.
XX Affidavit of Non-Military Service Filed.
Dated:
1174'\74_1 1
M. Lone: Es uire
Attorneys for Plaintiff
Court ID. No. 83774
126 East King Street
Lancaster. P A 17602-2893
(717) 299-5201
Judgment Amount remaining
Judgment Costs
Interest from 2/28/05 to 3/15/05 at
1.5% per month ($21.4 I per diem)
Prothonotary Costs
Sheriff's Cost
$43,418,01 .
ll1.5G
32I.I5
$
$
;20) DeL.!"",
Prothonotary, Court of Common Peas . 3,. Tl - M l--
~:thonotary o$: trtttn;lt;t. / t1/J Y, r
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MAJOR EXEMPTIONS UNDER
PENNSYLVANIA AND
FEDERAL LAW
I. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirernent funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as rnay be provided by law
1374574-1 1
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BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
Attorneys for Plaintiff
CAROLINA BUILDERS
CORPORATION t/d/b/a CHARLES C.
LOOSE AND SON,
COURT OF COMMON PLEAS OF
LEBANON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
v.
No. 2003-01774
HARRY L. SMITH & SONS, INC. and
HARRY L. SMITH, Individually,
Defendants
RAGHU T ADA V ARTHY and
JYOTHIP. TADAVARTHY,
Garnishees
CLAIM FOR EXEMPTION
To the Sheriff:
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 statutory exemption be
(i) set aside in kind (specify property to be set aside in kind):
............................................. ..............................................,
(ii) paid in cash following the sale of the property levied upon; r
(b) I claim the following exemption (specify property and basis of exempti n:
............................................................................................,
(2) From my property which is in the possession of a third party, I claim the
following exemptions:
1374574-1
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(a) my $300 statutory exemption _ in cash; _ in kind (specify
property):
................................................ .............................................
(b) 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 Number)
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. ~ 49 4
relating to unsworn falsification of authorities.
Date:...................................
(Defendant)
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF
OF CUMBERLAND COUNTY
Cumberland County Sheriff's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle,PA 17013-3387
1374574-1
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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 Pdne Sale
Certified Mail
Postage
Garnishee
TOTAL
So Answers;
2006 AD.
18.00
2.46
Advance Costs: 225.00
Sheriffs Costs 125.06
99.94
25.50
11.10
Refunded to Atty on 01106/06
30.00
20.00
18.00
125.06
Sworn and Subscribed to before me
~~~~
R. Thomas Kline, Sheriff ,/
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BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
f'4(')')/ I 9D 7
Attorneys for Plaintiff
/
CAROLINA BUILDERS
CORPORATION tJdIb/a CHARLES C.
LOOSE AND SON,
COURTOFCO~ONPLEASOF
LEBANON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
v.
05 -.J'{Jo-r I
No. 2003-01774
HARRY L. SMITH & SONS, INC. and
HARRY L. SMITH, Individually,
Defendants
RAGHU TADAVARTHY and
JYOTHI P. TADA V ARTHY,
Garnishees
WRIT OF EXECUTION - (Money Judgmeut)
(pa. R.C.P. 310 I to 3149 and 3252)
COMMONWEALTII OF PENNSYLVANIA
COUNTY OF LEBANON
TO TIlE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and cost against Harry L. Smith & Sons. Inc.
and Harry L. Smith. Individuallv. Defendants
(I) You are directed to levy upon the property of the defendants and to sell their interest therein;
(2) You are directed also to attach the property of the defendants not levied upon in the possession of Raehu
Tadavarthv and Jvothi P. Tadavarthv. as garnishees
and to notify the garnishees
(a) that an attachment bas been issued; and
(b) that the garnishees are enjoined from paying any debt to or for the account of the defendants and
from delivering any property of the defendants or otherwise disposing thereof.
(3) If property of the defendants not levied upon and subject to attachment is found in the possession of anyone
other than the named garnishees, you are directed to notify him that he has been added as a garnishee and is
enjoined as above stated.
XX Affidavit of Non-Military Service Filed.
Dated:
.
1374574-]
.-,
I
BARLEY SNYDER LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
717.399.1512
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Attorneys for Plaintiff
CAROLINA BUILDERS
CORPORATION t/d/b/a CHARLES C.
LOOSE AND SON,
Plaintiff
v.
HARRY L. SMITH & SONS, INC. and
HARRY L. SMITH, Individually,
Defendants
and
RAGHU TADAVARTHY and JYOTHI P.
TADAVARTHY,
Garnishees
COURT OF COMMON PLEAS OF
~ ~u n i.Tni.r rnr nr•ry~ pENNSYLVANIA
CIVIL ACTION -LAW
No. 2003-01774
Cumberland County Docket No. 05-1907 v
PRAECIPE TO DISSOLVE ATTACHMENT/GARNISHMENT
TO THE PROTHONOTARY:
Kindly dissolve the attachment/garnishment against Raghu Tadavarthy and Jyothi P.
Tadavarthy in the above-captioned matter.
BARLEY SNYDER ~
By:
fawn M. Long, Esquire
Attorneys for Plaintiff
Court I.D. No. 83774
126 East King Street ~. ~ p p Amy
Lancaster, PA 17602-2893 c* r}~,y ~o't.'7
(717) 299-5201 E'~o'iy5(c~(oa
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