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HomeMy WebLinkAbout09-7461IN THE COURT OF COMMON PLEAS, WESTMORELAND COUNTY, PENNA. CIVIL ACTION - LAW D i- ? vu / C..4? 7-Z- Advanta Bank Corp Plaintiff(s) Vs. Eastern Allance Taekwon-Do, LLC, and Jeremy Olson, as joint and several obligors Defendant(s) Vs. Pennsylvania State Bank Garnishee COMMONWEALTH OF PENNSYLVANIA } COUNTY OF WESTMORELAND TO THE SHERIFF OF CUMBERLAND COUNTY: Case No.X9112 of 2008 WRIT OF EXECUTION (Money Judgment) To satisfy the judgment, interest and costs against Defendant(s); Eastern Allance Taekwon-Do, LLC, and Jeremy Olson, as joint and several obligors (1) you are directed to levy upon the property of the defendant(s) and to sell his interest therein; you are also directed to attach the property of the defendant(s) not levied upon in the possession of as Pennsylvania State Bank Garnishee(s). (Specifically described property) 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 for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof. (2) 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 him that he has been added as a garnishee(s) and islare enjoined as above stated. Judgment Interest from: 8/22/09-9/25/09 (Cost to be added): Date: October 6, 2009 Poundage $198.74 $ 9,872.65 $ 64.17 $ 316.80 'I __Y (ice /u ? PROTH NO DEPUTY / 4 X Case No. X9112 of 2008 COMMON PLEAS Advanta Bank Corp Plaintiff(s) Vs. Eastern Allance Taekwon-Do, LLC, and Jeremy Olson, as joint and several obligors Defendant(s) Vs. Pennsylvania State Bank Garnishee WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY (MONEY JUDGMENT) Judgment $ 9,872.65 Interest from: 8/22/09-9/25/09 $ 64.17 Attorney Fees $ Attorney $ 316.80 Total $ Plaintiff $ Defendant $ Prothonotary $ Other $ Sheriff $ Deputy Surcharge $ BERNSTEIN LAW FIRM, P.C. Holly E. DiCesare, Esquire ATTORNEY FOR PLAINTIFF DATE JUDGMENT ENTERED: August 28, 2009 Poundage $198.74 IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PA CIVIL ACTION - LAW ADVANTA BANK CORP., Plaintiff, VS. EASTERN ALLANCE TAEKWON-DO, LLC, and JEREMY OLSON, as joint and several obligors, Defendants, PENNSYLVANIA STATE BANK, Garnishee. WRIT OF EXECUTION NOTICE Execution No. X '1 112 ? 2L"-,y Sur. Judgment No. 9112-2008 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. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $300.00 in cash or property. There are also other exemptions which may be applicable to you. Listed below 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) Complete the claim form on the opposite side, and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court when and where you are told to appear 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. WESTMORELAND BAR ASSOCIATION LAWYER REFERRAL SERVICE P.O. Box 565 Greensburg, PA 15601 (412) 834-8490 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption set by law. 2. All wearing apparel used by yourself and all family members. 3. Bibles, school books, sewing machines, uniforms and equipment. 4. Tolls of your trade, such as carpenter's tools. 5. Most wages and unemployment benefits. 6. Social Security benefits, certain retirement funds and accounts. 7. Certain veteran and armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. Pennsylvania and Federal law provide numerous exemptions of property from execution, including the following: Exemptions under Pennsylvania Law 10. General $300. statutory exemption, 42 Pa. C.S. 8123 11. Particular personal property exemption - wearing apparel, bibles and school books, sewing machines, uniforms and equipment, 42 Pa. C.S. 8124(a) Certain retirement funds and accounts, 42 Pa. C.S. 8124(b) Public School Employees' Retirement Fund, 24 Pa. C.S. 8533 and 42 Pa. C.S. 8124(b)(1)(i) State Employees' Retirement Fund, 42 Pa. C.S. 8124(b)((1)(11) and 71 Pa. C.S. 5953 Police Pension Funds, 42 Pa. C.S. 8124(b)(1)(iii) Philadelphia Pension Fund, 42 Pa. C.S. 8124(b)(1)(iv) Pittsburgh Pension Fund, 42 Pa. C.S. 8124(b)(1)(v) Pennsylvania Municipal Retirement Fund, 42 Pa. C.S. 8124(b)(1)(vi) Private employees' pensions or annuity funds, 42 Pa. C.S. 8124(b)(vii) Self-employed retirement or annuity funds, 42 Pa. C.S. 8124(b)(1)(viii) Retirement or annuity funds provided for under the Internal Revenue Code, 42 Pa. C.S. 8124(b)(1)(ix) 12. Certain insurance proceeds, 42 Pa. C.S. 8124(c): Fraternal society benefits, 42 Pa. C.S. 8124(c)(1), (8) Workmen's Compensation, 42 Pa. C.S. 8124(c)(2) Group insurance, 42 Pa. C.S. 8124(c)(5) Life Insurance and annuities, 42 Pa. C.S. 8124(c)(3), (4), (6) Accident and disability insurance, 42 Pa. C.S. 8124(c)(7) No-fault motor vehicle accident benefits, 42 Pa. C.S. 8124(c)(9) Unemployment Compensation, 42 Pa. C.S. 8124(c)(10) Personal earnings, subject to the exceptions under 23 Pa. C.S. Pt. IV relating to divorce and for support, board, certain damages arising from a residential lease, and student loan obligations, 42 Pa. C.S. 8127 13. Tangible personal property on international exhibition, 42 Pa. C.S. 8125 14. Common carrier, property in interstate transit, 42 Pa. C.S. 8126 15. Certain veteran benefits: Veterans' litigation awards (Vietnam herbicide), 51 Pa. C.S. 7902 (a) Sums payable under: The Veterans' Compensation Act, 51 P.S. 20012 The World War II Veterans Compensation Act, 51 P.S. 20048 The Korean Conflict Veterans Compensation Act, 51 P.S. 20098 The Vietnam Conflict Veterans' Compensation Act, 51 P.S. 20127 Exemptions under Federal Law Certain wages and compensation: Longshoremen's and harborworkers' compensation, 33 U.S.C. 916 Injury or death resulting from war-risk hazard, 42 U.S.C. 1717 Social Security benefits, 42 U.S.C. 407 16. Certain retirement funds and accounts: Civil Service, 5 U.S.C. 8346(a) Foreign Service, 22 U.S.C. 4060(c) Railroad Retirement, 45 U.S.C. 231(m) Judges' widows' annuities, 28 U.S.C. 376(n) 17. Certain veteran and armed forces benefits: Laws administered by the Veterans Administration, 38 U.S.C. 1970 and 5301 Armed Forces Survivor Benefit Plan, 10 U.S.C. 1450(i) Savings deposited with armed forces, 10 U.S.C. 1035(d) Medal of Honor Roll Special Pension, 38 U.S.C. 1562(c) Miscellaneous: Property of a Foreign State, 28 U.S.C. 1609, 1611 Rail Fund, 45 U.S.C. 822(e) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF WESTMORELAND COUNTY Sheriff of Westmoreland County Westmoreland County Courthouse Greensburg, PA 15601 (724) 830-3457 1-800-442-2926 ext. 3457 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 ? (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 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) Social Security benefits on deposit in the amount of $ (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone No.) 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 unworn falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH SHERIFF OF WESTMORELAND COUNTY Westmoreland County Courthouse Greensburg, PA 15601 (412) 830-3822 Note: Under paragraphs (1) and (2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the Sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the Sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). Each court shall, by local rule, designate the officer, organization or person to be named in the notice. OF THE ??o'NoTAFN 2009 OCT 29 AM 8= 10 Ct1P,??:E ,?, rE"; YQ . ? 13.6-0 iCi?.a •?.u.?.-r a v, 50 ? ` &I. ..? 3.1 Toe ?n. 8a-t oe-, C?4? (3),G "- 9 13 tt*-" r7 Ssh ?? DD? •• ? ? ? SSG ?'? OA.,-,o SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor f~41t~t;, of t~iiul~r#~{~~rb tt i!'; Z° ~9 ~~~ I d ~: `~~ Cr'J 1 ~ Advanta Bank Corp Case Number vs. Eastern Alliance Taekwon-Do LLC /~ ~- -~G//p l SHERIFF'S RETURN OF SERVICE 11/06/2009 03:47 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on November 5, 2009 at 1620 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Eastern Alliance Taekwon-Do, LLC, and Jeremy Olson, in the hands, possession, or control of the within named garnishee, Pennsylvania State Bank, a Member of the PNC Financial Services Group, 2148 market Street, Camp Hill, Cumberland County, Pennsylvania, by handing to Eric R. Ireland, Assistant Branch Manager, personally three copies o interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on November 9, 2009 to Eastern Alliance Taekwon-Do, PO Box 609, Latrobe, PA 15650, and Jeremy Olson, 913 Unity Street, Latrobe, PA 15650. So Answers, a:. -"~~` R. Thomas Kline, Sheriff ,~' Deputy Sheriff !C; Coup*;Sui:e 5^£sn,`!. 7e~n;.s t. ~,,~.