The URL can be used to link to this page

Home My WebLink About09-5078COURT OF COMMON PLEAS OF ERIE COUNTY CIVIL DIVISION Page 1 of 6 Plaintiff(s) Case No: 2008-18181 BENEFICIAL CONSUMER DISCOUNT COMPANY WRIT OF EXECUTION (vs) NOTICE Defendant(s) BAUMGRATZ MICHAEL This paper is a WRIT OF EXECUTION. It BAUMGRATZ MICHAEL A has been issued because there is a AM judgment against you. It may cause VCHNIA BW your property to be held or taken GAW= 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 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. LAWYERS REFERRAL SERVICE (814)459-4411 302 W NINTH ST ERIE, PA 16502 COURT OF COMMON PLEAS OF ERIE COUNTY CIVIL DIVISION Page 2 of 6 BENEFICIAL CONSUMER DISCOUNT* (vs) MICHAEL BAUMGRATZ, AL Case No: 2008-18181 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of ERIE To the Sheriff of CUM, &VICLr?A COCW\ q To satisfy the judgment, interest and costs against BAUMGRATZ MICHAEL BAUMGRATZ MICHAEL A (1) you are directed to levy upon the property of the defendant(s) and to sell the defendant's interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of WACHOVIA BANK as garnishee(s), (Specifically describe Property) ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS INDIVIDUAL AND JOINT PERSONAL AND BUSINESS COURT OF COMMON PLEAS OF ERIE COUNTY CIVIL DIVISION Page 3 of 6 BENEFICIAL CONSUMER DISCOUNT* (vs) MICHAEL BAUMGRATZ, AL Case No: 2008-18181 and to notify the garnishee(s) that (a) an attachment has been issued; (b) except as provided in paragraph (c), 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; (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which 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, or (ii) 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(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee(s), you are directed to notify such other person that he or she has"been added as a garnishee and is enjoined as above stated. COURT OF COMMON PLEAS OF ERIE COUNTY CIVIL DIVISION Page 4 of 6 BENEFICIAL CONSUMER DISCOUNT* (vs) MICHAEL BAUMGRATZ, AL Case No: 2008-18181 AMOUNT DUE INTEREST TO DATE TOTAL PRO ATTY COST PD SHERIFF'S FEE PD SAT# Pai-ri r 1, r 'M-. ?.J???vLlv?aty 7/14/2009 Date Sealed Attorney for Plaintiff: HOWELL BETH ARNOLD, ESQ 375 SOUTHPOINTE BLVD 4TH FLOOR CANONSBURG, PA 15317 $11,086:18 $2.57.15 $11,343.33 $227.00 $216.00 $8.00 ' COURT OF COMMON PLEAS OF ERIE COUNTY CIVIL DIVISION Page 5 of 6 BENEFICIAL CONSUMER DISCOUNT* (vs) MICHAEL BAUMGRATZ, AL Case No: 2008-18181 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 exemption (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) Other (specify amount and basis of exemption): 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 COURT OF COMMON PLEAS OF ERIE COUNTY CIVIL DIVISION Page 6 of 6 BENEFICIAL CONSUMER DISCOUNT* (vs) MICHAEL BAUMGRATZ, AL Case No: 2008-18181 I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (include phone#). 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. 4909 relating to unsworn falsification to authorities. Date (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY CUMBERLAND COUNTY SHERIFF 717-240-6390 ONE COURTHOUSE SQUARE CARLISLE 17013 Fl` , OF TI 200 JUL 24 °i C' 3 1.?*,,tirr t ?? ? /jLl•r\i Y.H ,4. s CC 11" 7db . . S? CA- '709?O 4, ,? .2?y.zz 2 ? HIV .?Jwv??cl.ui+ P"V-? ) J4?. " ?"-?D ? ? ? So 3 _ Z 3D Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?p??titr ct ?ut?rtrr?fah? t, - ,Y QFPICE ; F '4E ;-FRIFF IHE 2CQ9 XU a -5 f'' Y' r 4 i ?+ Beneficial Consumer Discount Company Case Number vs. Michael A Baumgratz ? SHERIFF'S RETURN OF SERVICE 07/29/2009 02:19 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on July 29, 2009 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael A. Baumgratz, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 3205 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Jamilla Buchanon, Customer Sales Service Representative personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 4, 2009 to Michael Baumgratz AKA Michael A. Baumgratz, 644 E 11th Street, Erie, PA 16503, So Answers, as Kline eri R <T By Dep y Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~; ,tr ~t ~atar:Lr~f.~jtd ~~- ;~E ~P `~E :>r EF~tFF Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 ~;°~'~' 1 ~ P~~ 2~ 2;~ CU~~~ ~ ,r.~t11~1''iY "S~ ~~ Beneficial Consumer Discount Company vs. Case Number Michael A Baumgratz 2008-18181 SHERIFF'S RETURN OF SERVICE 07/29/2009 02:19 PM -Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on July 29, 2009 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael A. Baumgratz, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 3205 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Jamilla Buchanon, Customer Sales Service Representative personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 4, 2009 to Michael Baumgratz AKA Michael A. Baumgratz, 644E 11th Street, Erie, PA 16503. 05/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $120.36 May 14, 2010 tc; Coun*ySuite Sheriff. TeleosoR. li'.~. SO ANSWERS, RON R ANDERSON, SHERIFF °5riaron R. Lantz