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HomeMy WebLinkAbout01-5262COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~;UMBERLAND Mag. Dist. NO,: 09~1-01 OJ Name: Hon. CHARLES A. CLEMENT, JR. Address: 1106 CA~LISLE ROAD CAMP HILL, PA T~lepha,~: (717) 761-4940 17011 CE~'I'uI~Y SPOUTING CO., INC. 2147 S. MAEK~T ST. ELIZABETHTOWN, PA 17022 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FCEIvz'u/~Y SPOUTING CO., INC. ~ 2147 S. MARKET ST. ELIZABETHTOWN, PA 17022 VS. DEFENDANT: NAME and ADDRESS ~'uu~AN, JAMES ~ 1 CEDAE CLIFF DR CAMP HILL, PA 17011 L / Docket No.: CV-0000226-011 ~ Date Filed: 4/25/01 TIllS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTIFF Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ ~;_. ~;12 _ ~;~ on: Defendants are jointly an~ severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to [~ Attachment/Act 5 of 1996 $ Levy is stayed for__ days or J-~ generally stayed. ~ Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment $ 6,395.00 Judgment Costs $ 118.5( Interest on Judgment $ .0( Attorney Fees $ .00 Total $ 6,513.50 Post Judgment Credits $. Post Judgment Costs $. Certified Judgment Total Date: Place: Time: 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/TRANSCR,!~OT FORM WITH YOUR NOTICE OF APPEAL. 7/19/2001 Date ~2,~ (~. ~--~, ,District Justice I certify that this is a true an~j:~rr~ct copy o~fhe r~ oy~/e,~a~ceedin~-----6~t~ing the judgment. _ 8/28/200[ Date (~_/~_ (,.~i ~ f~~, District Justicel v My commission expires first Monday of January. 2002 / SEAL AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO., INC. Judgment-Execution No. CI-01-5262 JAMES TURB/N To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland, against James Turbin (2) , Defendant/s, (3) and direct the Sheriffto levy on Members First Federal Credit Union Amount due ........................ $ 6,513.50 Interest from ....................... $ Dated: December 14, 2001 ~ IA~~m~f for~tiff Plus costs (1) To adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under canter beading. (2) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: ..... and against [stating garnishee s name and address], Garnishee . (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". © If rea~ propeay of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, ~nsert here (or combine with any indexing instruction under (b), above: "and index this writ against .......... , Garnishee, as a lis pendens against real property of the defendant, in the name of gamishec, as follows: [specially describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption). For levy on real estate, furnish ten copies ofdescr/ption. If this is solely an attachment, delete this line. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. : Plaintiff : JAMES TURBIN VS. Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee Judgment/Execution No. CI-01-5262 INTERROGATORIES TO GARNISHEE TO: MEMBERS FIRST FEDERAL CREDIT UNION, GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under Oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. 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. DISTRICT COURT ADMINISTRATOR COURTHOUSE, ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6 ! 00 1. At the time you were served or at any subsequ6nt time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. 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 defendant9 If so sneci~ how m 3. At the time you were Served or at a~y 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 any 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 you 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 his direction or otherwise discharge any claim of the defendant against you? These interrogatories shall be deemed to be continuing interrogatories. If after the time ofyour answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. Tho~{aas (~. Kl]ngensm~]~x Attorney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 I.D. #23239 Dated: December 14, 2001 For signature by Garnishee: , states subject to the penalties of 18 PA. C. S. Section 4904 relating to unswom falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correc to the best of his/her knowledge, information and belief. Dated: December 14, 2001 Membe FEDERAL CREDIT UNION ASSET RECOVERY P. O. BOX 40 MECHANICSBURG, PA 17055 1-800-283-2328 EXT 5132 or (717) 795-5132 December 28, 2001 James H. Turban 1 Cedar CliffDr. Camp Hill, PA. 17011 RE: Account #174394 Dear Member: Please be advised that Members 1 st Federal Credit Union has received a Writ of Execution and Attachment from the Court of Common Pleas Cumberland County. As a result of this judgment, Members 1st has placed an administrative hold on your checking and savings accounts. The total amount being held is $958.29. These accounts are not accessible until such time as we receive notification from the Court. If you have any questions, please contact the attorney as listed on the enclosed document and at the bottom of this letter. Sincerely, Asset Recovery Specialist DIVdcg Certified Mail Cc:ThOmas G. Klingensmith, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENTURY SPOUTING CO., 1NC. Plaintiff JAMES TURBIN VS. Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee Judgment/Execution No. CI-01-5262 PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above matter in accordance with the Answers of Garnishee, Members First Federal Credit Union; to Interrogatories in Attachment, in the mount of Nine Hundred Fifty-Eight and Twenty-Nine Cents ($958.29). Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN By: ~eknsmith Attorney for RI in~f 45 East Oran Street Lancaster, PA 17602 (717) 393-3684 I.D. #23239 Dated: January 28, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO., INC. V. JAMES TURBIN Judgment-Execution No. CI-01-5262 To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) (l) Issue writ of execution in the above matter to satisfy the judgment, interest and costs against, James Turbin , Defendant, (2) (3) and to levy on State Street Bank & Trust Company ofc/o Insurance Services, P.O. Box 9111, Boston, MA 02209 Amount due ........................ $ 6,513.50 Interest from ....................... $ Dated: Iqarch 12, 2002 f.~~ Plus costs ome (1) To adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under' center heading. (2) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating gamishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". © If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against .......... , Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specially describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption). For levy on real estate, furnish ten copies of description. If this is solely an atlachment, delete this line. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5262 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO., INC., Plaintiff (s) From JAMES TURBIN, 1 CEDAR CLIFF DRIVE, CAMP HILL,PA 17011 (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 STATE STREET BANK & TRUST COMPANY C/O INSURANCE SERVICES, P.O. BOX 9111, BOSTON MA 02209 GARNISHEE(S) as follows: 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 $6,513.50 Interest Atty's Corem % Due Prothy $1.00 Atty Paid $54.25 Other Costs Plaintiff Paid Date: MARCH 13, 2002 REQUESTING PARTY: Name THOMAS G. KLINGENSMITH, ESQ. Address: 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 CURTIS R. LONG Prothonotary, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. Plaintiff VS. Defendant and STATE STREET BANK & TRUST CO Garnishee JudgmentfExecutionNo. CI-01-5262 PROOF OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingfich, Smith, Klingensmith & Dolan, hereby certify that on March 21,2002, I served a tree and correct copy of the foregoing documents upon the following person and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by Certified Mail to: State Street Bank & Trust Company c/o Insurance Services P.O. Box 9~ 11 Boston, MA ~9 G1NGRICH;/~KLINGENSMITH & By: h~ome~S~ith, Esquire I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 DOLAN Dated: March 21, 2002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5262 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO., ENC., Plaintiff (s) From JAMES TURBIN, 1 CEDAR CLIFF DRIVE, CAMP HILL,PA 17011 (I) 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 de fendant(s) not levied upon in the possession of STATE STREET BANK & TRUST COMPANY C/O INSURANCE SERVICES, P.O. BOX 9111, BOSTON MA 02209 GARNISHEE(S) as follows: 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/sha has been added as a garnishee and is enjoined as above stated. Amount Due $6,513.50 Interest Atty's Corem % AtW Paid $54.25 Plaintiff Paid Date: MARCH 13, 2002 REQUESTING PAETY: Name THOMAS G. KLINGENSMITH, ESQ. Address: 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division TRUE COPy FROM RECORD In Teatim~y wt.'eof, I here unto ~ my bald the ~ of, said Court at Carliate, Pa. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. : Plaintiff JAMES TURBIN VS. Defendant and STATE STREET BANK & TRUST CO Garnishee Judgment/Execution No. CI-01-5262 INTERROGATORIES TO GARNISHEE TO: STATE STREET BANK & TRUST COMPANY, GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under Oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. 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. DISTRICT COURT ADMINISTRATOR COURTHOUSE, ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6100 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. 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? If so, specify how much. 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 any 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 you 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 his direction or otherwise discharge any claim of the defendant against you? These interrogatories shall be deemed to be continuing interrogatories. If after the time ofyour answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. ~/j/~ Tho~l/as:~5~F.. Kling-"ens~ith Attorney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 I.D. #23239 Dated: March 12, 2002 For signature by Garnishee: , states subject to the penalties of 18 PA. C. S. Section 4904 relating to unswom falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correc to the best of his/her knowledge, information and belief. Dated: STATE STREET BANK & TRUST COMPANY .5? **~ U.S. POSTAL ~EI~IE **** L~NCi~TL"R DT PA 17683 414~ 48 .~ ~KE R ~ ~ ~21-~ ~:~:~ CUBTO~ ~CEIPT 1~ ~T V~ I~ 4.17 TOTAL 4.17 b-14ECK ~ 4.17 THANK YOU *** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENTURY SPOUTING CO., INC. Plaintiff VS. JAMES TURBIN Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee Judgment/Execution No. CI-01-5262 AMENDED PRAEC1PE TO THE PROTHONOTARY: Pursuant to amended answers to interrogatories, please enter judgment in the amount of One Thousand Nine Hundred F~rty~Six a~xd No Cents ($1~946.00). ~.t/~ ,.~g~' ~""c.~, ID Respectfully submitted, GINGRICH, S~TH, KLINGENSMITH & DOLAN By: /~m~as ~ ' .~ensmith Attorney for P~ntiff 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 I.D. #23239 Dated: March 18, 2002 D~ TI~ ¢OU~T O1~ COM~fO~q PLP. AS OF CUMBg~LA,~ COUlqTY, p~SYI,VA2~A C~ITU~.Y ~POUTI~G CO,, Defeadmt YOU SHOULD TA]~ THIS PAPBIt T0 YOUlt LAWYer AT ONCS. IF yo~J DO NOT HAVB ALAWYKa O~ CANNOT AIvF0a~ OHB. 00TOO~ TSi,~i, HO~ T/~ OFFICB SI~T FOItTH Ii, LOW TO Fled OUr WH]Y~ YOU CAN OaT LSOAL cou~,'mous~, o~ co-~ous~ S~UAM~ CA~LL PA 17013-33~ (?~7) 240-6t00 in), ~ ofm~¥ ~ owned iololy or in Da~l: Mar~h 20, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO., INC. Judgment-Execution No. CI-01-5262 JAMES TURBIN To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) (l) Issue writ of execution in the above matter to satisfy the judgment, interest and costs against, James Turbin _, Defendant, (2) (3) " and to levy on UNUM Provident Corporation~ ~2211 Congress Street, Portland, ME 04122. Amount due ........................ $ 6,513.50 Interest from ....................... $ Dated: JUNE 3, 2002 Plus costs (1) To adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under center heading. (2) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating gamishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". © If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against .......... , Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specially describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption)~ For levy on real estate, furnish ten copies of dascription. If this is solely an attachment, delete this line. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5262 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO, INC., Plaintiff (s) From JAMES TURBIN, 1 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the propen'y of the defendant(s) not levied upon in the possession of LEVY ON UNUM PROVIDENT CORPORATION, 2211 CONGRESS STREET, PORTLAND, ME 04122 GARNISHEE(S) as follows: 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 properV/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 $6,513.50 Interest Atty's Comm % Atty Paid $78;75 Plaintiff Paid Date: JUNE 4, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name THOMAS G. KLINGENSMITH, ESQUIRE Address: GiNGRIcH, SMITH, KLINGENSMITH & DOLAN 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENTURY SPOUTING CO., INC. Plaintiff VS. JAMES TURBIN Defendant No. CI-01-5262 PROOF OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingfich, Smith, Klingensmith & Dolan, hereby certify that on June 7, 2002, I served a tree and correct copy of the foregoing documents upon the following person and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by Certified Mail to: UNLrM Provident Corporation 2211 Congress Street Portland, ME 04122 GINGRICH~~/~ENSMITH & DOLAN By: ~~m~Esquire I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 Dated: June 10, 2002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5262 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF COUNTY: To satisfy the debt, interest and costs due CENTURY SPOUTING CO, INC., Plaintiff (s) From JAMES TURBIN, 1 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the propen'y 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 possessiun of LEVY ON UNUM PROVIDENT CORPORATION, 2211 CONGRESS STREET, PORTLAND, ME 04122 GARNISHEE(S) as follows: 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 $6,513.50 Interest Atty's Corem % Atty Paid $78.75 Plaintiff Paid Date: JUNE 4, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name THOMAS G. KI,INGENSMITH, ESQUIRE Address: GINGRICH, SMITH, KLINGENSMITH & DOLAN 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY SPOUTING CO., INC. Plaintiff JAMES TUR.BIN VS. Defendant and Sudgment/ExecutionNo. CI-01-5262 UNUMPROVIDENT CORPORATION Gamishee INTERROGATORIES TO GARNISHEE TO: UNUM PROVIDENT CORPORATION, GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under Oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. 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. DISTRICT COURT ADMINISTRATOR COURTHOUSE, ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6100 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? If so, specify how much. 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? If so, specify how much. 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 any 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 you 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 his direction or otherwise discharge any claim of the defendant against you? These interrogatories shall be deemed to be continuing interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath the same. containing /~~ Tho~(as ~. Klingensmith Att6rney for Plaintiff 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 I.D. #23239 Dated: .JIJblE 3~ 2002 For signature by Garnishee: , states subject to the penalties of 18 PA. C. S. Section 4904 relating to unswom falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correct to the best of his/her knowledge, information and belief. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CENTURY SPOUTING CO., INC. V. JAMES TURBIN Judgment-Execution No. CI-01-5262 PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) To the ~' "- '--- rromonotary: (1) i-ri Issue writ of execution in the above matter to satisfy the judgment, interest and cost~gains~,-v James Turbin , Defendant, ~c (3) and to levy on UNUM Provident Corporation, 2211 Congress Street, Portland, ME 04122. Amount due ........................ $ 6,513.50 Interest from ....................... $ Plus costs Dated: J031E 3, 2002 / (I) TO adapt for mortgage foreclosure, strike out next nine words (Pa. R.C.P. 3256) and change "Money Judgment" to "Mortgage Foreclosure" under center heading. (2) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating gamishee's name and address], Gamishec". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name Defendant]". © If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against .......... , Garnishee, as a lis pendens against real property of the defendant, in the name of garnishee, as follows: [specially describing estate]". (3) List property to be levied on, with location/s (if different from defendant's address in caption). For levy on real estate, furnish ten copies of description. If this is solely an attachment, delete this line. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF EXECUTION - (Money Judgment) (Pa. R. C. P. 3101 to 3149 and 3252) CENTURY SPOUTING CO., INC. Plaintiff JAMES TURBIN VS. Defendant : and : : UNUM PROVIDENT CORPORATION : Garnishee : Judgment~ExecutionNo. CI-01-5262 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND To satisfy the judgment, interest and costs against James Turban defendant (1) You are directed to levy upon the property of the defendant and to sell his interest therein; (2) You are directed also to attach the property of the defendant not levied upon in the possession of UNUM Provident Corporation, 2211 Congress Street, Portland, ME 04122 garnishee (Specifically describe property) and to notify the garnishee - (a) that an attachment has been issued; and (b) that 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 the named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. __ Affidavit of Non-Military Service Filed. Amount Due ........................ $ 6,513.50 Dated: JUNE 3:2002 Interest from ........................ $ Prothy. Costs ....................... $ Sheriff's Costs ..................... $ Thomas G. Klingensmith, Esquire 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 ID #23239 Nme/Address/Phone No. Attorney for Plaintiff (SEAL) Deputy Prothonotary Prothonotary, Court of Common Pleas Of Cumberland County, Pennsylvania By: John M, Smith Thomas G, Klingensmith Kevin D. Dolan Jeffrey S, Shank Julie M. Cooper Henry F. Gingrich (1952-2001) 222 South Market Street Suite 201 P. O. Box 267 Elizabethtown PA 17022 Phene (717} 367-1370 Fa~ (717) 367-3219 45 East Orange Street Lancaster, PA 17602 Phone (717) 393-3684 Fax (717) 393-0653 Web Site WWW. GSKDLAW. COM June 7, 2002 UNUM Provident Corporation 2211 Congress Street Portland, ME 04122 RE: Century Spouting Co., Inc. vs. James Turbin and UNUM Provident Corporation, Dear Sir/Madam: Enclosed please find Interrogatories in the above-cited case. Sincerely, GINGRICH, SMITH, KLINGENSMITH & DOLAN Thomas G. Klingensmith TGK/pcw Enclosure 1J:41 189 POST YAL I~4P 3.68 13:42 TOTAL 3 · 68 CASH T 6.88 CHANGE .48 **** U.S. POSTAL SERVICE **** LANCASTER DT PA 17683 414488 49.88 ~RUCE # 88 86-87~02 13:42:84 CUSTOMER RECEIPT 189 POST VAL I~P 3.68 TOTAL 3.68 CASH T 4.88 CHANGE .48 *** THANK YOU *** 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 18.00 Poundage. 1.50 Advertising Law Library .50 Prothonotary 1.00 Mileage 6.50 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 76.50 Advance Costs: 150.00 Sheriff's Costs: 76.50 73.50 Refunded to Atty on 7/15/02 Sworn and Subscribed to before me this/6 ~ day of 2002 A.D. (~,,,~, prothonotary - So Answers; R. Thomas Kline, Sheriff V ! N V ^ q ~ '::: u ~,," q .4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. COUNTY: Century Spoutin~ Co., Inc. 01-5262 CIVIL ~ TEt:~ CIVIL ACTION ~ LAW PLAINTIFF(S) from James Turbin, 1 Cedar Cliff Drive, C~mp Hill, PA 17011 DEFENDANT(S) (1) You are directed to levy upon the properly 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 __ M~mbers First Federal Credit Union, 10 Skyport Road, Mechanicsburg, PA 17055 Serve the Interrogatories to Garnishee GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly of Ihe defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the peSsession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above staled. Amount Due $6,513.50 Interest A~y's Comm % Atty Paid $32.25 L.L. $.50 Due Prothy $1.00 Other Costs Curtis R. Long Plaintiff Paid Date: Dec~nber 21, 2001 REQUESTING PARTY: Name Thcma.~ G. Klingensmith, Esq. Address: ,45 Ra~- Oran_Ge Street _~ r,~n~ PA 17602 Attorney for: P]~nt] ff Telephone: 717-qqq-qRR4 Supreme Cou~ I~ No. 23239 Prothonotary, Civil Division ~. Deputy