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HomeMy WebLinkAbout07-2779COURT OF COMMON PLEAS OF INDIANA COUNTY he D ?- a77e) CC ?cuw CIVIL DIVISION Plaintiff(s) DAIMLERCHRYSLER FINANCIAL (vs) Defendant(s) SPEAR LARRY BAUMANN BAUMANN-SPEAR LARRY Page 1 of 5 oo7 J/ z Case No: 2006-12400 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. 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 the 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. COURT ADMINISTRATOR INDIANA COUNTY COURTHOUSE 825 PHILADELPHIA STREET INDIANA, PA 15701 724 465-3955 COURT OF COMMON PLEAS OF INDIANA COUNTY CIVIL DIVISION Page 2 of 5 DAIMLERCHRYSLER FINANCIAL (vs) LARRY BAUMANN-SPEAR Case No: 2006-12400 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of INDIANA To the Sheriff of CUMBERLAND COUNTY To satisfy the judgment, interest, attorney's commission and costs against: SPEAR LARRY BAUMANN BAUMANN-SPEAR LARRY (1) You are directed to levy upon the property of the defendant(s) and to sell his, her, or their, interest therein: (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of CORNERSTONE FCU as Garnishee(s). (Specifically describe Property) 0017 COURT OF COMMON PLEAS OF INDIANA COUNTY CIVIL DIVISION page 3 of 5 DAIMLERCHRYSLER FINANCIAL (vs) LARRY BAUMANN-SPEAR Case No: 2006-12400 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 the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof. (c) If property of the defendant(s) not levied upon and subject to attachment is found in possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. JUDGMENT AMOUNT . . . . . . $13,377.65 Interest. . . . . . . . . . $149.59 TAX PAID . . . $.50 PROTH (PAID 89.25). . . . . $96.75 JCP PAID . . . . . . . . . $10.00 SHERIFF . . . . . . . $60.00 THIS WRIT PAID. . . . . . . $21.50 Linda Moore Mack ary 3/26/2007 Date Sealed OtNQ Attorney for Plaintiff: MOLCZAN WILLIAM T KOPPERS BUILDING 436 7TH AVE STE 2718 PITTSBURGH, PA 15219-9517 ? G i zl? /W? QQ M V C. s? 3 a v r, Cn w CJ -n t"(7 T 3 {.-A DAIMLER-CHRYSLER THE COURT OF COMMON PLEAS OF FINANCIAL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LARRY BAUMANN-SPEAR NO. 2007 - 2779 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 5TH day of JUNE, 2007, a hearing on Defendant's claim for exemption of property is scheduled for FRIDAY, JUNE 8, 2007, at 9:15 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, E. Guido, J. V "17Y E. Baumann-Spear 205 Pellegrene Drive Homer City, Pa. 15748 Office of the Sheriff of Cumberland County /v0/, r ,' FJ 6 - 5 - O :sld S OA- :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V= NO. 07-,2779 CIVIL TERM ?'J A ? N l.?R.-Cl-12Y.5c?2 4 VS "RAY CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy, or attachment: L 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 Itind): (u? paid in cash following the We 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: V in cash [3 in kind (specify property) NdAjej /A Co???svaN? F &W1c (b) Social Security benefits on deposit in the amount of S (c) other (specify amount and basis of exemption): 4 11a(0, 3A -- H0Aj-,'rs5 0w.u4--A:::> j3y Jo It 0 w&Vx2 o e= ACr-r. 5"i q7-o 7 A7- C©ieij"-VVoAvC F*PeW41 1 request a prompt court hearing to determine the exemption. Notice of the hearing of the hearing should be given to me at: ,2-0S Pd-c,LClo,e&-AJ ' /JR. Address 140HEie CLYRI PEA 1521K -Inq- q74- 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 unsworn falsification to authorities. Date: / 8 MR V 07 THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: CLThIBERLAND COUN'T'Y COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6390 ??, i 0?? '?,? c`' u M 18 May 2007 Office of the Sheriff of Cumberland County Carlisle, PA 17013 Dear Sir or Madame, Enclosed is the completed claim for exemption form I received on 15 May 2007 from the Plaintiffs' lawyer. The case being 07-2779 Civil Term. I hope that I have completed it in the proper manner. I would like to thank your office for the very kind and courteous assistance I received during a phone call on Wednesday 16 May to ascertain needed information to submit this form. By submitting this form to request a hearing I have one request: that being, could the hearing date be possibly set for after 5 June 07 to arrange for transportation to Carlise and to accommodate my dear friend Donna J. Mahoney who will need to be present at the hearing for possible testimony. I do not have legal representation for this case and can't afford a lawyer, so therefore would you please notify me of your decision or obligation to this matter at the above address. Any help to arrange this hearing after the requested date will be greatly appreciated. Sincerely, Larry E. Baumann-Spear Lang E. Baumann-Spear 205 Pellegrene Drive Homer City, PA 15748 (724) 479-8208 DAIMLER-CHRYSLER FINANCIAL,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY BAUMANN-SPEAR, Defendant NO. 2007-2779 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of June, 2007, it appearing to the Court that the Plaintiff does not object, the claim for exemption filed by Larry Baumann-Spear is granted. Edward E. Guido, J. Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg 436 7th Avenue Pittsburgh, PA 15219 Larry E..Baumann-Spear ^ 205 Pellegrene Drive Homer City, PA 15748 Office of the Cumberland County Sheriff .cow t srs :c Wd Z ! t 1 Ef [00Z dlt74iv ?yG d 3Hl JO SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-00312 T/ ?t'o?'7?19 GVi1 COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DAIMLERCHRYSLER FINANCIAL VS BAUMANN SPEAR LARRY E And now WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:35 Hours, on the 9th day of May , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BAUMANN SPEAR LARRY E hands, possession, or control of the within named Garnishee CORNERSTONE FEDERAL CREDIT UNION 5 EASTGATE DRIVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JASMINA DERVISEVIC personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this , in the true and made So answ?''?' .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 00 05/10/2007 day of By ' Deputy Sheriff A.D COURT OF COMMON PLEAS OF INDIANA COUNTY CIVIL DIVISION Plaintiff(s) DAIMLERCHRY.9LER FINANCIAL (vs) Defendant(s) SPEAR LARRY BAUMANN BAUMANN-SPEAR LARRY TRUE COPY In Testimony ' and the seal of w This 7 , .. day . ).e...a FRM,N RECORD „ to set my hand 3 Pa. 1?M....4 R VFIy.T....y . •"'1'_-`lM.r? Prothonotary Case No: OCR- ?.?/. 2006-12400 1 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. 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 the 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. COURT ADMINISTRATOR INDIANA COUNTY COURTHOUSE 825 PHILADELPHIA STREET INDIANA, PA 15701 724 465-3955 w. w,, o -2. -? -) -) y CzZ, dt 77,_ Page 1 of 5 COURT OF COMMON PLEAS OF INDIANA COUNTY CIVIL DIVISION Page 2 of 5 DAIMLERCHRYSLER FINANCIAL (vs) LARRY BAUMANN-SPEAR Case No: 2006-12400 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of INDIANA To the Sheriff of CUMBERLAND COUNTY To satisfy the judgment, interest, attorney's commission and costs against: SPEAR LARRY BAUMANN BAUMANN-SPEAR LARRY (1) You are directed to_levy upon the property of the defendant(s) and to sell his, her, or their, interest therein: (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of CORNERSTONE FCU as Garnishee(s). (Specifically describe Property) A COURT OF COMMON PLEAS OF INDIANA COUNTY CIVIL DIVISION Page 3 of 5 DAIMLERCHRYSLER FINANCIAL (vs) LARRY BAUMANN-SPEAR Case No: 2006-12400 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 the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof. (c) If property of the defendant(s) not levied upon and subject to attachment is found in possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. JUDGMENT AMOUNT . . . . . . $13,377.65 Interest. $149.59 TAX PAID . . . $.50 PROTH (PAID 89.25). . . . . $96.75 JCP PAID . . . . . . . . . $10.00 SHERIFF . . . . . . . $60.00 THIS WRIT PAID. . . . . . . $21.50 Linda Moore Mack I. Prothonotary 3/26/2007 Date Sealed Attorney for Plaintiff: MOLCZAN WILLIAM T KOPPERS BUILDING 436 7TH AVE STE 2718 PITTSBURGH, PA 15219-9517 r „a R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. LA= CIZ? Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL Advance Costs: 150.00 Sheriff's Costs 97.21 18.00 52.79 1.91 13.50 Refunded to Atty on 01/07/08 -ki 4.80 ?l V 30.00 20.00 9.00 L)-. 97.21 ,? t//?Id f So Answers, R. Thomas Kline, Sheriff B y C k" t --j U6