Loading...
HomeMy WebLinkAbout09-56487Z6. b9- YV ! 7.,..- WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 CAPITAL ONE BANK ) IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT NO: 2009-154 VS. No: CV-CV-2008-00689 AMOUNT DUE: $3,750.68 INTEREST: $177.31 DONNA K NEAL ) ATTY'S COMM: $ ATTY DUE: $ PLTFF. PAID PROTHY. $ 75.06 THIS WRIT PAID $28.85 SHERIFF'S COSTS $ SATISFACTION $ 7.95 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO THE SHERIFF OF CUMBERLAND COUNTY, PENNA, To satisfy the judgment, interest and costs against DONNA K NEAL , 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 M&T BANK as Gamishee(s). (Specifically described property) SEE ATTACHED INTERROGATORIES 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 determined 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 adde as a garnishee and is enjoined as abov stated. Dated: 7/30/2009 BRENDA J. ALBRIGHT Prothonotary, Court of Common Pleas Perry nty, Pennsyly nia [SEAL] WILLIAM T. MOLCZAN, ESQ. WELTMAN WEINBERG REIS CO 1400 KOPPERS BLDG 436 SEVENTH AVENUE PITTSBURGH, PA 15219 412-434-7955 By: D uty CERTIFIED ATRUE COPY .c. DEPUTY PROTF40NOTARY 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 STATUTORY EXEMPTION 2. BIBLES, SCHOOLBOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION 4. SOCIAL SECURITY BENEFITS 5. CERTAIN RETIREMENT FUNDS AND ACCOUNTS 6. CERTAIN VETERANAND 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 To the Sheriff of Perry County: : I, DONNA K NEAL, 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 jCE Z 9 AUG I b AN 9-. 56 Y IV A. Cam, )-D •yia y 9 ?a79 avY-) OD /?v9a ?5sg 2? / K. / 70L3 Sheriffs Office of Cumberland County FKM-Wra R Thomas Cline OF TW TAR Sheriff of t':?raraii,? ??,tt err Ronny R Anderson 4 " 2009 OCT -2 AM 8:42 Chief Depadty 3 g,;,"r Jody S Smith C?t':r1it''H'J 1 +.??} Civil Process Sergeant orrice OF "` `"aIrr PENNSYLVANIA Edward L chorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number h 4 vs. 2009-444 S6 It Donn Neal SHERIFF'S RETURN OF SERVICE 08/14/2 09 Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1430 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donna Neal in the hands, possession, or control of the within named garnishee, M & T Bank, 1958 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handinc to Yvette Shughart 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 25, 2009 to Donna Neal at 475 Fox Hollow Road, Shermansdale, PA 17090. 10/01/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERI F COST: $170.39 ? 10/409, 4- SO ANSWERS, f / October 01, 2009 R THOMAS KLINE, SHERIFF i ,. t BY Sharon R. Lantz i I 'I r I I 'I THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF PERRY COUNTY, NEW BLOOMFIELD, PA 17068 To the Sheriff of Perry County: : CLAIM FOR EXEMPTION I, DONNA K NEAP,, 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 i , WRIT OF EXECUTION - (MONEY JUDGMENTS) CAPJTAL ONE BANK VS. K NEAL IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT NO: 2009-154 No: CV-CV-2008-00689 AMOUNT DUE: $3,750.68 INTEREST: $177.31 ATTY's Comm: $ ATTY DUE: $ PLTFF. PAID FROTHY. $ 75.06 THIS WRIT PAID $28.85 SHERIFF'S COSTS $ SATISFACTION $ 7.95 CO ONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO xE SHERIFF OF CUMBERLAND COUNTY, PENNA, To satisfy the judgment, interest and costs against DONNA K NEAL , Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: mption 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 M&T BANK as shee(s). TRUE COPY FROM RECORD (Specifically described property)t1 TeStimony Whertot, here unto set my haRd SEE ATTACHED TNTERROGATOfflOSthe slay of said Ctwrt at CarfiSle, P& to notify the Garnishee(s) that (a) an attachment has been issued; "?- --r-•-? (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant W iPr 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 determined 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 the named garnishee(s), ou are directed to notify him that he has been adde as a garnishee and is enjoined gs above :d: 7/30/2009 BRENDA J. ALBRIGHT Prothonotary, Court of Common Pleas Perry nty, Pennsylv nia AL) ILLIAM T. MOLCZAN, ESQ. Bv: _ ELTMAN WEINBERG REIS CO D uty 00 KOPPERS BLDG 6 SEVENTH AVENUE TTSBURGH, PA 15219 12-434-7955 RULES P.R.C.P. 3101 TO 3149 CERTIFIED TRUE COPY ..t DEPUTY PROTNC1NOTARY WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUT GMENT AGAINS YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO PA THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FR M BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE RI HTS. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU MUST ACT PROMPTLY. P THE LAW PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN. SUCH PERTY IS SAID TO BE EXEMPT. THERE IS A DEBTOR'S EXEMPTION OF $300.00. RE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF IE OF THE MAJOR EXEMPTIONS ARE LISTED BELOW. YOU MAY HAVE OTHER ,MPTIONS OR RIGHTS. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. 2. 3. 4. 5. 6. 7. 8. $300.00 STA TUTOR Y EXEMPTION BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT MOST WAGES AND UNEMPLOYMENT COMPENSATION SOCIAL SECURITY BENEFITS CERTAIN RETIREMENT FUNDS AND ACCOUNTS CERTAIN VETERANAND ARMED FORCES BENEFITS CERTAIN INSURANCE PROCEEDS 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 To Oe Sheriff of Perry County: : CLAIM FOR EXEMPTION I, DONNA K NEAL, 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 WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 CAPITAL ONE BANK ) IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT NO: 2009-154 VS. NO: CV-CV-2008-00689 AMOUNT DUE: $3,750.68 DONNA K NEAL ) INTEREST: $177.31 A9TY'S COMM: $ ATTY DUE: $ PLTFF. PAID PROTHY. $ 75.06 THIS WRIT PAID $28.85 SHERIFF'S COSTS $ SATISFACTION $ 7.95 i CO"ONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO TIKE SHERIFF OF CUMBERLAND COUNTY, PENNA, To satisfy the judgment, interest and costs against DONNA K NEAL , Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: ion 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 M&T BANK as e(s). (Specifically described property) SEE ATTACHED INTERROGATORIES 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 determined 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 the named garnishee(s), ou are directed to notify him that he has been added as a garnishee a d is en e 4 above ipip ;d. (s/ ?hc ;d: 7/30/2009 BRENDA J. ALBRIGH Prothonotary, Court of mmon Pleas Perry County, Pennsylvania kL] [LLIAM T. MOLC?AN, ESQ. By: ELTMAN WEINBERG REIS CO D uty 00 KOPPERS BLDG 6 SEVENTH AVENUE ITSBURGH, PA 15219 12-434-7955 1 WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A GMENT AGAINS YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO PA THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FR M BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE RI HTS. 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. THEME ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. A SUMMARY OF SO E OF THE MAJOR EXEMPTIONS ARE LISTED BELOW. YOU MAY HAVE OTHER ONS OR RIGHTS. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. 2. 3. 4. 5. 6. 7. 8. $300.00 STATUTORY EXEMPTION BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT MOST WAGES AND UNEMPLOYMENT COMPENSATION SOCIAL SECURITY BENEFITS CERTAIN RETIREMENT FUNDS AND ACCOUNTS CERTAIN VETERANAND ARMED FORCES BENEFITS CER TAIN INS URANCE PROCEEDS 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. 4. DISTRIBUTION PLAINTIFF Donna K. Neal WRIT NO. 209-154 (Perry County) Capital One Bank -vs- Donna K. Neal Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 3,750.68 177.31 111.86 ,039.85 Sheriff's Costs: Docketing $ 18.00 Poundage 75.01 Law Library Prothonotary 13.00 ($24.50 paid by atty) Service 4.50 Postage .88 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee 9.00 Levy 20.00 TOTAL $ 170.39 Defendant Paid to Sheriff $ 4,210.24 Advance Costs 150.00 Total Collected $ 4,360.24 DISTRIBUTION Pd. To Pltff. $ 4,039.85 Refund of Adv. Costs 150.00 Sheriff's Costs 170.39 So Answers: R. homas Kline, Sheriff D By