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HomeMy WebLinkAbout09-5482 WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 &. 0 J. 5V Fa- Ctu J li, - BELCO COMMUNITY CREDIT UNION vs. LINDA L EMPFIELD, Defendant VEREIGN BANK, Garnis ee IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT No: 2009-140 No: CV-JP-2008-00961 AMOUNT DUE: $4,316.83 INTEREST: @ 6% FROM 11/20/07 ?. ATTY'S COMM: $ M ATTY DUE: $ .? -I I PLTFF. PAID PROTHY. $19.56 I a THIS WRIT PAID $28.85 V? SHERIFF'S COSTS $300.00 SATISFACTION $ 7.95 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ; prRR-/ TO THE SHERIFF OF PERRY COUNTY, PENNA, To satisfy the judgment, interest and costs against LINDA L EMPFIELD , Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: (Exemption Laws waived and Condemnation agreed to). (2) You are also directed to attach the property to the defendant not levied upon in the possession of SOVEREIGN BANK, 921 CALVARY ROAD, CARLISLE, PA 17013 as Garnishee(s). (Specifically described property) LEVY ON DEFENDANT/S HOUSHOLD GOODS AND PERSONAL PROPERTY And to notify the Garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property to 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 deternuried by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. subparagraph 8123. (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(s), ou are directed to, notify him that he has been added as a garnishee a is e i Zas abo e stated. 2T -1 1 Dated: 7/14/2009 CERTIFIED TRUE COPY BRENDA J. ALBRI T Prothonotary, Court f Common Pleas Perry County, Pennsylvania [SEAL] DEPU-[Y PRQTF40NOTARY By` Al eputy ARTHUR M FELD, ESQ 1309 BRIDGE STREET NEW CUMBERLAND PA 17070 717-770-0292 WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINS 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 $300.00. THERE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SOME OF THE MAJOR EXEMPTIONS ARE LISTED BELOW. YOU MAY HAVE OTHER EXEMPTIONS OR RIGHTS. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 STA TUTOR Y 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 MAYBE PROVIDED BYLAW 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 TO PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. THIS CLAIM TO BE FILED WITH THE OFFICE OF: THE SHERIFF OF PERRY COUNTY, NEW BLOOMFIELD, PA 17068 CLAIM FOR EXEMPTION r ll"v3L;-P-L- .N0 To the Sheriff of v , County:: I, LINDA L EMPFIELD, the above named defendant claim exemption from levy or attachment: 1. From my personal property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be: (1) Set aside in kind (specify property to be set aside in kind): (2) Paid in cash following the sale of the property levied upon, or (b) I claim the following exemption (specify property and basis of exemptions: 2. From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption ( ) In cash ( ) In kind ( ) please specify: (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount and basis of exemption):$ I request a prompt hearing to determine the exemption. Notice of the hearing should be given me at: 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. Dated: Defendant r r ., ZHr ; - , QV ate" S 3o P. , -7 0 9.21 'kL4 `Pd . 'r.37, n C f't -71172- .2.7 . P 84 L