SHERIFF'S OFFICE OF LANCASTER COUNTY Mark 8, Reese Brad Harris: Sherif Solicitor Charles Hamilton James Montanez Chief Deputy Lieutenant STATE OF MAINE Case Number JAMES C EMERY Ci-13-04746 SHERIFF'S RETURN OF SERVICE 02/02/2018 CASE OPENED 02/02/2018 NOTICE AND CLAIM FOR EXEMPTION PRINTED, JAMES C EMERY 149 E PARK ST ELIZABETHTOWN, PA 17022 02/16/2016 03:24 PM - THE ADDRESS 969 E. WASHINGTON STREET, APT 101, ELIZABETHTOWN, PA 170220 IS LOCATED AT A CATHOLIC PAROCHIAL SCHOOL/E-TOWN COLLEGE RIDER HOUSE. WE COULD NOT LOCATE ANY APARTMENTS AT THIS ADDRESS, 02/23/2016 Previous Address: 69 E. WASHINGTON STREET, ELIZABETHTOWN, PA, 17022 021232016 11:26 AM- WE CHECKED THE RESIDENCE (137 COLLEGE AVE, ELIZABETHTOWN, PA 17022). THERE WAS NO ANSWER AT THE DOOR. WE LEFT A NOTE ON THE SIDE DOOR OF THE RESIDENCE 02123/2016 Previous Address: 137 COLLEGE AVE, ELIZABETHTOWN, PA, 17022 02/23/2016 11:54 AM- WE CHECKED THE ABOVE ADDRESS (149 E. PARK ST. ELIZABETHTOWN, PA 17022), WHICH IS LISTED FOR THE DEFENDANT'S WIFE, WE SPOKE TO THE NEW TENANT AND NEIGHBOR, WHO BOTH STATED THAT THE DEFENDANT AND HIS WIFE HAD MOVED OUT FROM ‘THE ADDRESS, AND SUSPECTED THAT THEY MOVED OUT OF STATE. BASED ON INFORMATION FOUND ONLINE ABOUT THE DEFENDANT, WE HAVE REASON TO BELIEVE THAT THE DEFENDANT HAS MOVED TO EITHER MAINE OR CALIFORNIA. 0272412016 |, DEPUTY TRAVIS SCHMALHOFER, BEING DULY SWORN ACCORDING TO LAW, STATES | MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: JAMES C EMERY, BUT WAS UNABLE TO LOCATE THE DEFENDANT. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED LEVY AS "NOT FOUND" AT 149 & PARK ST, ELIZABETHTOWN, PA 47022 ‘FRavis SCNMALHOFER, DEPUTY SHERIFF COST: $123.82 SO ANSWERS, wok ot Ree February 24, 2016, ane ‘S REESE, SHERIFF Coyote as———— oreor DATE CATEGORY ‘MEMO CHK# _ DEBIT G2marav6 ‘Advance Fee ‘aavanes Foe ‘378957 $0.00 ~ $400.00 (2272018 Recelvng, Dockting & Retum $900 $0.00 ‘ozmarea16 wat $1800 $0.00 2022016 Serco . $9.00 $0.00 ‘2022016 waitng $1200 $0.00 02022016 Shen Training Act $10.00 $0.00 02022016 Afcavt $250 $0.00 0211672016 Service Mieage si94¢ $0.00 279/016 Service Mileage sig4¢ $0.00 (02723016 Service Mileage $1944 $0.00 02724R0%6 Not Found Return $5.00 $0.00 224n016 Refund $276.18 $0.00 $400.00 $400.00 BALANCE: $0.00 Plein Altomay- AMATO KEATING AND LESSA, PC."707 NORTH COMMERCE WAY, SUITE 00, BETALEAEM, PA 78077 (ea SaekoSHERIFF’S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200_\N2St ‘SHERIFF SERVICE, PLEASE MAKE SURE FORM PRINTS PROCESS RECEIPT, and AFFIDAVIT of RETURN LEGIBLY 1. PLAINTIFFS? 2 COURT DOCKET NUMBER ‘STATE OF MAINE 13.4746 3, DEFENDANTS! {JAMES C. EMERY TYPE OF DOCUMENT TO BE SER) VED: ‘CIVIL ACTION WRIT OF EXECUTION ‘SERVE F NAMEOENE [5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, IN POSSESSION OF PROPERTY —_ |. “ADDRESS OF PROPERTY (Set or RFD, Aporsient No, Ci, Horo, Twp, Sal and Zip Code) AT ‘G9, Washingln Steel, Ap. IOI Elizabethiown PA 17022 T INDICATE UNUSUAL SERVICE: Row, DEPUTIES OTHER 720_,|SHERIFF OF LANCASTER COUNTY, PA, do heey depute the SheniFof ou to execute the writ nd make relum thereof eecording olan. This deputation is made athe egos and kote pin Sheviff of Lancaser Coun '8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ‘PLEASE PERFORM A LEVY ON THE PERSONAL. PROPERTY OF THE DEFENDANT AND SCHEDULE A SAL DATE, PLEASE PROVIDE OUR OFFICE WITH NOTIFICATION OF THE SALE DATE AND TIME GT ONLY ATPLICARLE ON WRIT OF EXECUDON Ni. WAIVER OF WATCIIMAN- Any oy ses ey pon rata ny rp le oa wl mye oe ea ed Sere ed openness ee rahe: whan ay ne pr wc day oe yp rayon nei nen pope tobe ee 5. SIGNATURE OF ATJRBNEY OR OTHER ORIGINATOR prez NAME Michoet R. Lessa Esq 10, TELEPHONE NUMBER (610) 366.0400 ht. DATE January 15,2036 13, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area musi be completed if notice 10 ‘Amato Keating and Lessa, P.C., 107 North Commerce Way, Bethlehem PA 18017 BELOW ‘OF SHERIFF ONLY - DO NOT vRITE BELOW TI NE ‘be mailed) T3-Tacknowledge reseipt ofthe wet ‘oF complaint as indicated above 'NAME of authorized LCSO Deputy or Clerk 14, Date Recelved 15 ExpivaionMearng Date 16. Hereby CERTIFY and RETURN that] Clave personally seved, ‘Ghave legal evidence of service as shown in "Remarks", shown in "Remeks", th writ or complaint described on the indvidvl, compan, eomporatio, ee, atthe adress shown above or onthe individ, mgs cpr, tt a 17. hereby cerify and rfum aNNOT FOUND because Iam unable to locate he individu 1B, Name andi ofindvidal Served (rox shown above) (Relstionshipto Defender) Inseted below by handling a TRUE and ATTESTED COPY terof, ‘company. corporation, te, named above ‘Chave executed a 19, Oo Service See Remarks Below ‘ BH. Aaaess of wher evel (Compl only Uren Than sown above) Sct ov RFD, Apartment No, iy, [BT Dav of Sewiee [oT aan Boro, TWP, State and Z1P Code) nap Mstrease -2 ff 2 Ee by Fa, Advance Cons iS. Service Coss [26 Novary Coss FT. WileagoPosogeNF. [28 Total Coss” 25. CORT DUE OR REFUND, in = 30, Remarks a Pea mM B32 8 Seat STA ao ST APFIRMED ond sobre to before me TF SO ANSWER. Vd “99 - oy o_ M6 09-anym _ ir rgmasorben Sar Da 7 seueais 5 Fhe Proihonotary/DepatyiNVorary Public Ge iehe bitte saelaearaetcaiciac . Terry A. Bergman SHERIFF OF LANCASTER COUNTY PALANCASTER COUNTY ENT! PROTHONOTARY EREO ANO FILED CIVIL COVER SHEET PLEASE STAPLE THIS COVER SHEET BEHIND THE STATE-WIDE CIVIL Ext ait APPLICABLE) PROTMUnL .221°S OFFICE LANCASTER: Pa, zp. (RE REQUIRED & INFORMATION. >LEADING gj (CASE ID: 13-04746 PLAINTIFF'S NAME vs DEFENDANT ‘S NAME STATE OF MAINE JAMES C. EMERY ADDRESS: ADDRESS: 69 B, Washington Strect, Apt. 101 Elizabethtown PA 17022 ‘TELEPHONE #: 717/858-6832 PLEASE LIST NAMES, ADDRESSES OF ADDITIONAL PARTIES ON A SEPARATE SHEET. Name of Firm and Filing Attorney OR Filing Party, Address, Telephone Number, AOPC Number inn: Amato Keating and Lessa, P.C. Filing Attormev/ Party: Michael R. Lessa AOPC# 88617 Address: 107 North Commerce Way, Suite 100 City: Bethlehem State: PA ZipCode: 18017 Telephone Number: (610) 866-0400 REV 5/2010es IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY,PENNSYLVBINIAED 16 JAN 29 AN 9:00! STATE OF MAINE PROTHONGIA®Y°S OFFICE mt No. 13-04746 LANCASTER. Pa, & JAMES C. EMERY oo 69 E, Washington Street, Apt. 101 Elizabethtown PA 17022 PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) ‘To THE PROTHONOTARY: aw Issue a writ of execution in the above matter, directed to the Sheriff of Lancaster County, against JAMES C. EMERY _, Defendant/s @ and index this writ against... .. Defendant’s @) and direct sheriff to levy on All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles. electronic equipment afy and all other personal property belonging to the above-named defendant(s). Amount Due. $25,152.76 Payments $1,700.00 Interest From May 3, 2013... $4,009.10 Plus Costs Dated: January 15, 2016 ee ae ‘Michael R. Lessa (LD. No 88617) Attorney for Plaintiff (4) to adapt for morgage foreclosure, strikeout the next ine words (Pe. RCP. 3256) and change “Money Judgment” to"Mongage Forelosre” under center beading (2) Wording for gamishment or pecial indexing (on money judgment execution is prescribed by Pa. RCP. 3104 fellows (yi gemishmen i ested insert ere: "and against [stating gamshee’s name and adits), Gamishes”. (@) Indexing in judgment inex of eing county is deste, inset here: “and index tis wrt aginst [name Defendant)” (Ife property of Defendant inthe name ofthe garnishee i attached, and indexing ws lis pendensis desired, inset here (or ‘combine with any indexing ineuetions under (above: and index this wrt against... Ganishee, 8 is pendens against rel propery of {he defendan, the nae af garnishee as follows: [specifically describing estate. (9) List propery tobe levied or, with locations if itfrent from efendets's address in caption), For levy on eal estat, fish ten copies of a OY To satisfy the judgment, interest and costs against JAMES C. EMERY , defendant? 4 =O = (1) you are directed to levy upon the property of the defendant and to sell the defendant's interest therein; (2) you are also directed to attach the property of the defendant not levied upon in the possession of , (Name of Garnishee) as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the gamishee 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, (©) the attachment shall not include (i) the first $10,000 of each account of the defendant with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and arc identified as being funds that upon deposit are exempt form execution, levy or attachment under Pennsylvania or federal law. (i) each account of the defendant with a bank or other financial institution in which funds on deposit exceed $10,000 at any time if all 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. (iii) any funds in an account of the defendant with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. § 8123.(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 such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount due $25,152.76 Payments $1,700.00 Interest from May 3, 2013 $4,009.10 Costs to be added 8 ‘otal & $ 27,461.86 fothy Cost USF00 ~ Kethorine bbird Docc (Name of Prothonotary (Clerk) Seal of the Court le iB Panne fae i (Deputy) 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IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA STATE OF MAINE vs. No. 13-04746 JAMES C. EMERY CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE Ido certify that the precise last known address of the within named defendant(s) is the address provided below, and request that the Sheriff serve the above named defendant(s) at 69 E. Washington Street, Apt. 101 Elizabethtown PA 17022 Dated: January 15, 2016 AMATO KEATING AND LESSA, P.C. Be Attorney File #:2122734 John R. Keating, Esq., Atty ID #52779 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRMIN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA STATE OF MAINE vs. JAMES C. EMERY To the Sheriff: No. 13-04746 WAIVER OF WATCHMAN ‘Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriffs sale thereof. Dated: January 15, 2016 Attomey File #: 2122734 AMATO KEATING AND LESSA, P.C. By: John R. Keating, Esq., Atty ID #52779 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq:, Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309611 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 868-0400 A DEBT COLLECTION LAW FIRMIN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA STATE OF MAINE vs. JAMES C. EMERY No. 13-04746 ‘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. 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. Ifyou 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, 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. Lancaster Bar Association Lawyer Referral Service 28 East Orange Street Lancaster, PA 17602 Telephone: 717-393-0737IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA STATE OF MAINE vs. JAMES C. EMERY No, 13-04746 CLAIM FOR EXEMPTION To the Sheriff: 1, 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) Idesire that my $300 statutory exemption be [1G set aside in kind (specify property to be set aside in kind): : LJ Gi) paid in cash following the sale of the property levied upon; or (b) [claim the following exemption (specify property and basis of exemption): (2) From my property which isin the possession ofa third party, I claim the following exemptions: (2) my $ 300 statutory exemption: [] in cash; {] in kind (specify property): (b) other (specify amount and basis of exemption): Pee aeceeeee ed gene Peer eeceee eee T request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at : (Address) (Telephone Number) verify that the statements made in this Claim for Exemption are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswor falsification to authorities, Date: GefendantyTHIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF LANCASTER COUNTY: 50 North Duke Street PO BOX 83480 Lancaster, PA 17608-3480 Phone: (717) 299-8200 NOTE: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the sheriff. Under paragraph (2) of the writ, ifattachment of a named garnishee is desired, the garishee's name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may add as a garnishee any person not named in this vit who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice.