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HomeMy WebLinkAbout05-6080Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff: KEITH GUTSHALL, V. Defendant Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT ON DISTRICT JUSTICE'S TRANSCRIPT OF JUDGMENT TO THE PROTHONOTARY: Pursuant to Act of July 9, 1976, P.L. 586, No. 142, § 2, 42 Pa. C.S.A. § 1516, and in accordance with the transcript of the District Justice which is attached hereto, enter judgment in favor of the Plaintiff and against the Defendant, in the sum of $4,491.69, plus interest thereon, and costs of suit. Plaintiff hereby certifies that the last known address of the Defendant is: Keith Gutshall, Defendant 83 Southside Drive Newville, PA 17241 Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: 1? 11$?D 5 By: Amy L. Coryer st, Esquire Attorney for Plaintiff 'COMMONWEALTH OF PENNSYLVANIA rnl INTY nF. CUMBERLAND Mag. Dist. No.: 09-3-02 MDJ Name'. Hon. VACANT MDJ 09-3-02 Address' PO BOX 155 27 N BIG SPRING AVE NENVILLE, PA Telephone: (717 ) 776-3187 17241 ATTORNEY FOR PLAINTIFF : ANY L. CORYER-HOST LAVERY FAHERTY 225 MARKET BOX 1245 HARRISBURG, PA 17108-1245 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rUTICA MUTUAL INS CO, P. 0. BOX 6514 A/S/O DICES TIES SERVICE LVTICA, NY 11501 J vs. DEFENDANT: NAME and ADDRESS rG-UTSHALL, KEITH 83 SOUTHSIDE DRIVE NENVILLE, PA 17241 L J Docket No.: CV-0000098-05 Date Filed: 7/01/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) nTTt,, NT:TTr1T. TNR can, ® Judgment was entered against: (Name) aUrsl;sT.T. F WRITN in the amount of $ 4, 4oi -#;q on: ? Defendants are jointly and severally liable. (Date of Judgment) 9/D6/D? (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 9 4,373.1 Judgment Costs $ 118.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,491.69 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total -- $ ---------- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. n Date / Magisterial District Judge /'- tX l V I certify that this is a We and correct copy of the record oythe?roceedings containing the judgment. I0 "13-QgDate &JA 6&-rL4z,1,+ , Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC 315-05 DATE PRINTED: 9/06/05 11:49:17 AN ?, n ? .. ? ,' ? r> vl ? J ? t .> r- -? _- y CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Praecipe to Enter Judgment on District Justice's Transcript of Judgment upon the following person at the following address by sending same in the United States mail, first- class, postage-paid: Keith Gutshall 83 Southside Drive Newville, PA 17241 Date: Diana H. Umbenhauer Secretary to Amy L. Coryer-Host, Esq. ?? = i !_" ? . V! Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff: v. : KEITH GUTSHALL, Defendant Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 05-6080 PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Please issue writ of execution in the above matter, (1) directed to the sheriff of Cumberland County; (2) against Keith Gutshall, 135 Leeds Road, Newville, PA 17241, defendant; and (3) against Members 1st Federal Credit Union, 5000 Louise Drive, P.O. Box 40, Mechanicsburg, PA 17055, as garnishee; (4) and index this writ (a) against Keith Gutshall, defendant; and (b) against Members 1st Federal Credit Union, as garnishee, as follows: Money account held by defendant, Keith Gutshall, with Members 1st Federal Credit Union under account number 2192788923. (5) Judgment: $4,491.69 Amount due: $4,491.69 Dated: -7l)-710'K (1,11 q &.j, Amy L. oryer, Attorney for Plaintiff ell ItAL - Q w o r"j Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff: V. KEITH GUTSHALL, Defendant Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 05-6080 WRIT OF EXECUTION NOTICE To: Keith Gutshall 135 Leeds Road Newville, PA 17241-9597 Defendant Members 1 st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Garnishee 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 Sheriffs Office at the address noted. You should come to the court ready to explain your exemption. If you do not come to the 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. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff- v. KEITH GUTSHALL, Defendant Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 05-6080 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 Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service UTICA MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON a/s/o DICES TIRE SERVICE, PLEAS OF CUMBERLAND Plaintiff: COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH GUTSHALL, NO.: 05-6080 Defendant 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 exemptions (specify property and basis for 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) (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. §4904 relating to unworn falsification to authorities. Date: Keith Gutshall Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY . i CERTIFICATE OF SERVICE I, Amy L. Coryer, an attorney with Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Praecipe for Writ of Execution, Notice of Writ of Execution, Writ of Execution, Major Exemptions under Pennsylvania and Federal Law and Claim for Exemption upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: Keith Gutshall 135 Leeds Road Newville, PA 17241 Defendant Members 1 st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Garnishee Date: 7/1-710T Amy L. Co , Esq. Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6080 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff (s) From KEITH GUTSHALL, 135 Leeds Road, Newville, PA 17241 (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 GARNISHEE(S) as follows: MEMBERS 1sT FEDERAL CREDIT UNION, 5000 Louise Drive, PO Box 40, Mechanicsburg, PA 17055 Money account held by defendant, Keith Gutshall, with Members I't Federal Credit Union under account number 2192788923 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 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 $4,491.69 Interest Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 7/23/08 (Seal) REQUESTING PARTY: Name AMY L. CORYER, ESQUIRE L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long, Pr orfa By: Address: LAVERY, FAHERTY, YOUNG & PATTERSON, PC 225 MARKET STREET, SUITE 304 HARRISBURG, PA 17108-1245 Attorney for: PLAINTIFF Telephone: 717-233-6633 Supreme Court ID No. 82718 Deputy R1=CE!VEL JUL 2 9 2008 Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff: v. KEITH GUTSHALL, Defendant Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 05-6080 INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION To: Members 1 st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 RE: Account Number: 2192788923 THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION AS GARNISHEE. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR. IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. 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. B. The term "Defendant" means Keith Gutshall, against whom the Writ of Execution was issued. C. "You" means the office and all branch offices, representatives, employees; and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. INTERROGATORIES 1. DEPOSITORY ACCOUNTS: State whether the Defendant maintains any checking, savings, lines of credit, certificate of deposit or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant has in each account. If the Defendant maintains any of these jointly with any other person or persons, provide their name and address. C he G K i r1 q -? I q• S I ?9 ?. ?avoo J -- 15-00 r't?cessi nC ?'ee 2. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed in response to Interrogatory number one direct deposit accounts? If yes, please state the identification numbers of those accounts. 27g?q-0\- 3. SAFE EPOSIT BOXES: State whether the Defendant maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a description of the contents and also the amount of cash among those contents. If, the Defendant maintains any of these jointly with any other person or persons, provide their full name and address. O C` 4. PROPERTY: State whether the Defendant owns any personal property that is in your possession and/or control. If so, include a description of all property, stating its full value and present location. State whether there are any liens or encumbrances against such personal property and, if so, the amount of any encumbrance or lien. State where and when the encumbrances or liens were recorded. If the Defendant owns any personal property jointly with any person or persons, provide their name and address. n c) 5. REAL PROPERTY: Did you hold legal or equitable title to any property of any nature owned solely or in part by the Defendant or in which the Defendant held or claimed any interest? If so, describe each item of property, including its value and the interest held by Defendant. no 6. PROPERTY HELD AS A FIDUCIARY: Do you or did you hold, as a fiduciary, any property in which the Defendant had an interest? If so, please describe each item of property, including its value and the interest held by the Defendant. r) C) 7. TRANSFER OF PROPERTY: At any time before or after you were served with the Interrogatories, did Defendant transfer or deliver any property to you or to any person. If so, describe the property transferred or delivered, the date of transfer or delivery and the consideration paid. n C) 8. OTHER ASSETS: Do you know of the existence of any other asset of the Defendant which is not disclosed in the preceding Interrogatories? If so, please set forth all details concerning those assets. n0 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys' fees or processing fees charged by you against the Defendant or account of the Defendant for the completion of the answers to these Interrogatories? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of these answers. (? 2S,OU pou-gSinn ?ee-.. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: Iaa-log By: (32-UA4 -j- 0-a-4 Amy L. oryer, E Atty No. 82718 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorney for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating J o J n(r to unsworn falsifications to authorities, that he/she is 11(a S • Y (Name) o'nS' o f stt cry; u?uon (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. v (SIGNA RE) 71 C aJ -T3 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06080 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND UTICA MUTUAL INSURANCE CO VS GUTSHALL KEITH And now KENNETH GOSSERT Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:36 Hours, on the 29th day of July , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , GUTSHALL KEITH in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LISA WARNER (MEMBERS SERVICE REP) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made ,Sheriff or Deputy Sheriff of the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 Sworn and Subscribed to R. Thomas Kline Sheriff of Cumberland County 07/31/2008 before me this day of By A.D Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE P.O. Box 6514 Utica, NY 11501 Plaintiff v. KEITH GUTSHALL 135 Leeds Road Newville, PA 17241-9597 Defendant MEMBERS 1 ST FEDERAL CREDIT UNION 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Garnishee To the Prothonotary: Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 05-6080 Please enter judgment in favor of Plaintiff and against the above-named Garnishee, Members 1st Federal Credit Union, in the sum of six hundred ninety-four and 31/100 dollars ($694.31), admitted in its answers to interrogatories (attached as Exhibit "A") as being owing to the defendant and that is not greater than the sum due from defendant to plaintiff, calculated as follows: Judgment: $719.31 Costs: $25.00 Total: $694.31 Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee. I certify that the precise address of plaintiff, defendant, and garnishee are as set forth in the above caption. Dated: i80oi' Amy L. Cory , Esq. Attorney for Plaintiff JUDGMENT SO ENTERED AND DAMAGES ASSESSED ABOVE; NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236 p? IS/ &4-i 2- ci?? Prothonotary RECEIVED ialJG () 4 200A Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff: V. KEITH GUTSHALL, Defendant Attorneys for Plaintiff Utica Mutual Ins. Co. a/s/o Dices Tire Service ` 1:LE!VEC JUL 2 9 2008 IN THE COURT OF C & PLEAS OF C1JMBERA34M ?-- =' r, COUNTY, PENNSYI-VANIk CIVIL ACTION - LAW' ? NO.: 05-6080 - INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION To: Members 1st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 RE: Account Number: 2192788923 THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION AS GARNISHEE. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR. IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. 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. B. The term "Defendant" means Keith Gutshall, against whom the Writ of Execution was issued. C. "You" means the office and all branch offices, representatives, employees; and agents of your organization. e? D. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be finnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. INTERROGATORIES 1. DEPOSITORY ACCOUNTS: State whether the Defendant maintains any checking, savings, lines of credit, certificate of deposit or other depository accounts-with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant has in each account. If the Defendant maintains any of these jointly with any other person or persons, prorv)ide their name and address. C h a, f ( i ? '] C1 .3 i 1_7 - .00 PXACU_-?Ei' Pee 2. DIRECT DEPOSIT ACCOUNTS: " (A 4.3 f Are any of the accounts you have listed in response to Interrogatory number one direct deposit accounts? If yes, please state the identification numbers of those accounts. e , 2--7 ?, -7.9 3. SAFE DEPOSIT BOXES: State whether the Defendant maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a description of the contents and also the amount of cash among those contents. If, the Defendant maintains any of these jointly with any other person or persons, provide their full name and address. n0 4. 5. 6. 7. 9. PROPERTY: State whether the Defendant owns any personal property that is in your possession and/or control. If so, include a description of all property, stating its full value and present location. State whether there are any liens or encumbrances against such personal property and, if so, the amount of any encumbrance or lien. State where and when the encumbrances or liens were recorded. If the Defendant owns any personal property jointly with any person or persons, provide their name and address. no REAL PROPERTY: Did you hold legal or equitable title to any property of any nature owned solely or in part by the Defendant or in which the Defendant held or claimed any interest? If so, describe each item of property, including its value and the interest held by Defendant. no PROPERTY HELD AS A FIDUCIARY: Do you or did you hold, as a fiduciary, any property in which the Defendant had an interest? If so, please describe each item of property, including its value and the interest held by the Defendant. f) 0 TRANSFER OF PROPERTY: At any time before or after you were served with the Interrogatories, did Defendant transfer or deliver any property to you or to any person. If so, describe the property transferred or delivered, the date of transfer or delivery and the consideration paid. r) C) OTHER ASSETS: Do you know of the existence of any other asset of the Defendant which is not disclosed in the preceding Interrogatories? If so, please set forth all details concerning those assets. f-1110 FEES OUTSTANDING TO GARNISHEE: Are there any attorneys' fees or processing fees charged by you against the Defendant or account of the Defendant for the completion of the answers to these Interrogatories? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of these answers. 25.? ?o G?Slll?t ? J Pt Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: -7 ?aa (ot By: nl.. -?- 0-8,4 Amy L. oryer, Atty No. 82718 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorney for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is ' (.Ln f ci S . Vo046, (Name) ba) - f 06M 1st FMW Creel Umon Pvc?ns of (itle) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ?C c U (SIGNA RE a CERTIFICATE OF SERVICE I, Linda M. Heckelman, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Praecipe for Entry of Judgment by Admission Against Garnishee and Certification of Addresses upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: Keith Gutshall 83 Southside Drive Newville, PA 17241 Members 1 st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 c ??L Date ? 4"s"' Linda M. Heckelman Secretary to Amy L. Coryer, Esq. t Lo y Y .}y it ? . f?y - 'v R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, WRIT IS EXPIRED. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 87.09 Docketing 18.00 62.91 Poundage 1.71 Law Library .50 Prothonotary 2.00 Refunded to attorney 05-20-09 Mileage 5.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Postage .88 TOTAL 87.09 ? y ?? a ?i y So Answers; R. homas Kline, Sheri By I I a d s z inr soj17 _q Ni M V n IT, 5 Co d 614.4 4 /L- aas'4.1 y 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6080 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UTICA MUTUAL INSURANCE COMPANY a/s/o DICES TIRE SERVICE, Plaintiff (s) From KEITH GUTSHALL, 135 Leeds Road, Newville, PA 17241 (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 GARNISHEE(S) as follows: MEMBERS 1sT FEDERAL CREDIT UNION, 5000 Louise Drive, PO Bog 40, Mechanicsburg, PA 17055 Money account held by defendant, Keith Gutshall, with Members 1st Federal Credit Union under account number 2192788923 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 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 $4,491.69 Interest Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 7/23/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti Long, Pr otaryBy: Deputy REQUESTING PARTY: Name AMY L. CORNER, ESQUIRE Address: LAVERY, FAHERTY, YOUNG & PATTERSON, PC 225 MARKET STREET, SUITE 304 HARRISBURG, PA 17108-1245 Attorney for: PLAINTIFF Telephone: 717-233-6633 Supreme Court ID No. 82718