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HomeMy WebLinkAbout05-2501 "no OS. .J 5- b I ~~( - i Q~ IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FULTON BANK d 00 S - L{,-/jT NO. 2003-01565 VS. JAMES C. HOSTETTER AND MARILYN M. HOSTETTER, INDIVIDUALLY AND JOINTLY WRIT OF EXECUTION JUDGMENT BY CONFESSION 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. 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: (1) Fill out the attached claim form and demand for a prompt hearing. (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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE I CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 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 TO: JAMES C. HOSTETTER AND MARILYN M., and HOSTETTER, (Defendant Name and Address) 841 MT. PLEASANT RD LEBANON, PA 17042 WRIT OF EXECUTION Commonwealth of pennsylvania county of Lebanon To the Sheriff of QIDIDerLmd County To satisfy the judgment, interest and costs against JAMES C. HOSTETTER AND MARILYN M., and HOSTETTER" defendants, (1) you are directed to levy upon the property of the defendant and to sell his interest therein; (2) you are also directed to attach the property of the defendant not levied upon in the possession of DEFENDANT: 271 LOG CABIN ROAD, STATESVILLE, NORTH CAROLINA 28677, 8141 HORSESHOE PIKE, CAMPBELLTOWN, PA 17010 & 313 NORTH CHESTNUT STREET, PALMYRA, PA 17078 GARNISHEE: 900 BENT CREEK BLVD. MECHANICSBURG, PA 17055 and to notify the garnishee that (a) an attachment has been issued; (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 $ 200,000.00 $ 3,266.66 $ 135.50 $ 36.50 $ 117.08 $ $ 30,490.00 $ $ $ $ $ $ Interest from 10/08/2005 O.C.P.P. This Writ LATE FEES ATTY'S COLLECTIONS FEE (15% OF UNPAID PRINCIPAL & INTEREST) TOGETHER W./ INTEREST WHICH CONTINUES TO ACCRUE AFTER 10/08/03. @ THE CONTRACT RATE CURRENTLY $25.00 PER DIEM), UNTIL PAID IN FULL, TOGETHER W./ COSTS OF LEGAL PROCEEDINGS AND A REASONABLE ATTY'S FEE Dated May 5, 2005 ~M~J Prothonotary SEAL By: Deputy Attorney for Plaintiff: MARC A. HESS 937 WILLOW ST PO BOX 1140 LEBANON, PA 17042 (717) 274-3644 55774 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FULTON BANK NO. 2003-01565 VS. JAMES C. HOSTETTER AND MARILYN M. HOSTETTER, INDIVIDUALLY AND JOINTLY 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; 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 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 and 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.A. sec. 4904 relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM TO BE FILED WITH: THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6390 " ~ (") ::L f \ (/l -, ..c --h , -<:. -'" ~. C> ...-, ~, t' -:::.i <;u ...::;, y 0\ if; d (:"\ c.- o c-_ .....:> ~ 0 c.~ ....J (J'I -n :..":1 &" J. " -.....: <> v- cr< \ ....'" ~ -.. U\ \_..0 c 0) ~ UJ L \ -t.:. ; .... 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 Certified Mail Postage Garnishee TOTAL So Answers; this f3~ day of' 18.00 2.47 Advance Costs: 150.00 Sheriff s Costs 125.63 24.37 25.50 7.40 Refunded to Atty on 01106/06 30.00 20.00 13.26 9.00 125.63 <::> '" Sworn and Subscribed to before me " ~~~ R. Thomas Kline, Sheriff .....,. By rJetDJJ1L-A kw6o~ "". o '- 2006 A.D. 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HOSTETTER AND MARILYN M., and HOSTETTER" defendants, (1) you are directed to levy upon the property of the defendant and to sell his interest therein; (2) you are also directed to attach the property of the defendant not levied upon in the possession of DEFENDANT: 271 LOG CABIN ROAD, STATESVILLE, NORTH CAROLINA 28677, 8141 HORSESHOE PIKE, CAMPBELLTOWN, PA 17010 & 313 NORTH CHESTNUT STREET, PALMYRA, PA 17078 GARNISHEE: 900 BENT CREEK BLVD. MECHANICSBURG, PA 17055 and to notify the garnishee that (a) an attachment has been issued; (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. ,. oJ