HomeMy WebLinkAbout09-4309?tcl.O9- y3a? (
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVAN
NEW CUMBERLAND FEDERAL
CREDIT UNION
P.O. BOX 865
NEW CUMBERLAND, PA 17070
VERSUS
HEATHER K. WINTER
4103 GETTYSBURG RD, APT #4
CAMP HILL, PA 17011
2008-NO-2049-31
WRIT OF EXECUTION
NOTICE
This paper is a Writ of Execution. It has been issued becaus
a judgment against you. It may cause your property to be held o.
pay the judgment. You may have legal rights to prevent your pro
being taken. A lawyer can advise you more specifically of these
you wish to exercise your rights, you must act promptly.
there is
taken to
Derty from
rights. If
The law provides that certain property cannot be taken. Such property
is said to be exempt. There is a debtor's exemption of $300.00. 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 he ring.
2. Deliver the form or mail it to the Sheriff's Office at the ddress
noted.
You should come to court ready to explain your exemption. If y u do not
come to court and prove your exemption, you may lose some of your pr perty.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT HWERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
ATTORNEY CONNECTION
OF THE YORK COUNTY BAR ASSOCIATION
137 EAST MARKET ST
YORK, PA 17401
TELEPHONE NO. (717) 854-8755
WWW.YORKBAR.ORG/ATTORNEYCONNECTION
MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1. $300.00 statutory exemption
2. Bibles, school books, sewing machines, uniforms and e
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
nt
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANI A
NEW CUMBERLAND FEDERAL 2008-NO-2049-31
CREDIT UNION
VERSUS
HEATHER K. WINTER
CLAIM FOR EXEMPTION
TO THE SHERIFF:
I, the above name defendant, claim exemption of property fr
attachment: om levy c
(1) From my personal property in my possession which has t
upon, een leViE
(a) I desire that my $300.00 statutory exemption be
[ ) (i) set aside in kind (specify property to be se aside i
kind):
[ ] (ii) paid in cash following the sale of the prope rty levie
upon; or
(b) I claim the following exemption (specify property an basis o.
exemption):
(2) From my property which is in the possession of a third party,
claim the following exemptions:
(a) My $300.00 statutory exemption: [ ] in cash; [ ] in kinc
(specify property)
(b) Social Security benefits on deposit in the a 1
ount of
(c) Other (specify amount and basis of exemption):
I request a prompt Court hearing to determine the exemption
the hearing should be given to me at: (include address and telephor.
. Notice of
e number)
I verify that the statements made in this Claim for Exemption are true
& correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsi ication to
authorities.
DATE:
DEFENDANT:
THIS CLAIM TO BE FILED WITH:
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6390
Note: Under paragraphs (1) and (2) of the writ, a description o
property to be levied upon or attached may be set forth in tr
included in a separate direction to the sheriff.
Under paragraph (2) of the writ, if attachment of a named ga
desired, his name should be set forth in the space provided.
Under paragraph (3) of the writ, the sheriff may, as ur
practice, add as a garnishee any person not named in this writ H
found in possession of property of the defendant. See Rule 311
limitations on the power to attach tangible personal property,
3108(a).
(b) Each court shall by local rule designate the officer, or,
or person to be named in the notice.
specific
writ of
ishee is
er prior
o may be
(a). For
see Rule
ranization
In the Court of Common Pleas of York County, PennsylvaniE
WRIT OF EXECUTION
NEW CUMBERLAND FEDERAL
CREDIT UNION
Case No. 2008-NO-2049-31
Vs.
HEATHER K. WINTER
To the Sheriff of CUMBERLAND County:
To satisfy the judgment, interest and costs against HEATHER K. WINTE R, 4103
GETTYSBURG ROAD, APT #4, CAMP HILL, PA 17011, Defendant,
(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 no levied
upon in the possession of , Garnishee,
(Specifically describe property)
ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO FIREARMS, APPLIAN ES
ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TELEVISIONS, TOOLS, ,
COLLECTIBLES & VEHICLES, ETC
and to notify the Garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the Garnishee is enjoine from
paying any deft to or for the account of the Defendant and fro m
delivering any property of the Defendant or otherwise disposi g
thereof;
(c) the attachment shall not include any funds in an account of t
Defendant with a bank or other financial institution
(i) in which funds are deposited electronically on a recurr'ng basis
and are identified as being funds that upon deposit are exempt
from execution, levy or attachment under Pennsylvania o federal
law, or
(ii) that total $300 or less. If multiple accounts are attach
total of $300 in all accounts shall not be subject to le
attachment as determined by the executing officer. The f
shall be set aside pursuant to the Defendant's general e
provided in 42 Pa.C.S. § 8123.
d, a
y and
<emption
.
2008-NO-2049-31
(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 of judgment: $1,165.30
Docket costs: $391.18 WHICH INCLUDES DJ COSTS OF $93.54
Amount of interest: $20.90 (FROM 2/20/2009)
Attorney fees/Commission:
plus Sheriff's costs.
Seal of the Court I-0,1 " ?.
Date: JUNE 11, 2009
By
Requested by:
STEVEN HOWELL, ESQUIRE
COUNSEL FOR PLAINTIFF
HOWELL LAW FIRM
619 BRIDGE STREET
NEW CUMBERLAND, PA 17070
(717) 770-1277
PAMELA S. LEE, PROTHORWARY) otary
MY COMMISSION WIRES JANUARY 2, 012
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