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HomeMy WebLinkAbout09-7803IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MMMPC COMPANY, Assignee from aUSEHOLD AUTO FINANCE, CIVIL ACTION-LAW Plaintiff, vs. No. 0 9- 7 PO Tcu.- OHN McMILLEN, Defendant. WRIT OF EXECUTION Filed on Behalf of. Plaintiff Counsel of Record For This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. I. D. #06810 Colavecchi & Colavecchi 221 East Market Street P. O. Box. 131 Clearfield, PA 16830 814/765-1566 LAW OFFICES OF COLAVECCHI A COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) '. O. BOX 131 CLEARFIELD, PA ~WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 JMMMPC Company, Assignee of Hsi Auto Fin VS. Kimberly Morgan and John McMillen Writ No. 2008-CV-05790-NT Amount Due: $5,613.16 WRIT OF EXECUTION NOTICE 1. $300.00 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 o.. L .1. _ Ic ..?:. , do ,;A.A 1- i..,, If you l iave an exemRttion you should do the following promptly' (1) Fill out the attached claim form and demand for aprompt hearin g (2) Deliver the form or mail it to the Sheriff s Office at the address noted. You sh ould come to court ready to explain your exemption If you do not come to court and prove your exemption, you ma lose so me of our ro e YOU S HOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFF ORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITHIN ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATIO N ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEZ I OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17101 (717) 232-7536 MAJUK LXEMr l lU1VJ UNVJI K rL' nna Y LV nniP? An1J r rjun nju it%?y WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW JMMMPC Company, Writ No. 2008-CV-05790-NT Assignee of 0 Auto Fin P.O. Box 8321 Amount Due: $5,613.16 Clearfield, PA 16830 VS. Kimberly Mi 56 Springers New Cumber and John McMillen PA 17070 COSTS Plaintiff Paid: $56.25 Interest: $78.95 Sheriffs Costs: $92.62 Attorney: $3.00 This Writ: $33.25 Less Payments: $1,475.00 To satisfy the debt, interest and costs against Kimberly Morgan, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: Any and all personal property in possession of or owned by the defendant. and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant 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 w ich 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) the 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 rovided in 42 Pa.C.S. sect. 8123. (3) if prope -ty 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. WITNESS, th Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Ha isburg Monday, July 27, 2009. Stephen ?. Farina, Prothonotary By: Requesting P r : Joseph Colav cchi, Esquire 221 East Mark t Street PO Box 131 Clearfield, PA 116830 (814) 765-1566 AND NOW, Writ re-issued N 0 V 0 ' 09 Stephen E. Farina, 5y-\- Deputy Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JMMMPC COMPANY, Assignee from HOUSEHOLD AUTO FINANCE 22? EAST MARKET STREET P. BOX 832 CLEARFIELD, PA 16830-0832 vs. NO. JOIN McMILLEN 26 REGENCY WOODS. N CARLISLE, PA 17015 CLAIM FOR EXEMPTION To the Sheriff: I, the above-named Defendant, claim exemption of property from levy or attachment: I . From my personal property in my possession which has been levied upon, a. I desire that my $300.00 statutory exemption be: i. set aside in kind: ii. paid in cash following the sale of the property levied upon; or b. I claim the following exemption: 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: b. Social Security Benefits on deposit in the amount of $ ; C. Other: I request a prompt Court hearing to determine the exemption. Notice of the hearing should given to me at I verify that the statements made in this Claim for Exemption are true and correct. I derstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 a#ing to unsworn falsification to authorities. to DEFENDANT THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE ' CARLISLE, PA 17013 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. 0. BOX 131 CLEARFIELD, PA LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) A 0. BOX 131 CLEARFIELD, PA 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 Veteran and Armed Forces Benefits Certain Insurance Proceeds Such Other Exemptions as my be provided by law AL ED-C', E 2L?91'0r 10 A 1?J= 4 ,r ??. 1? 3?7.sb ZILY-4, a2 7a g3?)- ( a 33)9-7 M n? vx P c? fteAV y 6O-x ele-ft re , d,-,FT 0 h a( JYI° fn" 114 U,, ti, a-4 i?C9e?v C p ?e Lr!` ?e i 01. 1 7c?/ 5 ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~'~~~ tC~ Sheriff t~F THc P~i~~~.?~v:~'~Tt~ ~@~y~ip of ~r,n~~~~'~74 Jody S Smith 2010 APR ! 9 AM $~ 4 $ Chief Deputy ' Edward L Schorpp CUNC~~~~~~ ~~ ;,~~l,.1MY Solicitor a>:~t~eo~ -_ES~-RI~~ PENP~~~'~V~~N-A. OC - ~L?3 CcunX JMMMPC Company, Assignee of HH Auto Fin Case Number vs. John McMillen (et al.) 2008-CV-05790-NT SHERIFF'S RETURN OF SERVICE 11!23/2009 10:26 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on November 23, 2009 at 1021 hours a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: John McMillen, 26 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015. At that time it was learned that the defendant had moved; however, per Post Office, mail is still delivered there. 04/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED -writ expired prior to service. SHERIFF COST: $92.72 April 14, 2010 SO ANSWERS, R R ANDERSON, SHERIFF By haron R. Lantz NOTARY Affirmed and subscribed to before me this day of {ci CounfySuite Sheriff. Telec=oft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW JMMMPC COMPANY, Assignee from HOUSEHOLD AUTO FINANCE 221 EAST MARKET STREET P.O. BOX 832 CLEARFIELD, PA 16830-0832 oq- qSO3 0.;tv rerl“ vs. No.--atirr7:75775*-NT JOHN MCMILLEN 7 HELENA LANE CARLISLE, PA 17015 PRAECIPE FOR WRIT OF EXECUTION TO: PROTHONOTARY Issue Writ of Execution in the above matter, 1. Directed to the Sheriff of Cumberland County; 2. Against John McMillen, Defendant; and 3. Index this writ against: John McMillen, Defendant, and against the property of the Defendant as .follows: Any and all personal property owned by or in the possession of Defendant. AMOUNT DUE: Interest from Costs Sheriff LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P0. BOX 131 CLEARFIELD, PA $2,227.00 $38.50 IjiR111 3gala OBF •t.44 PAUL OLAVECCHI, ESQUIRE Attorney for Plaintiff .50 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JMMMPC COMPANY, Assignee from HOUSEHOLD AUTO FINANCE Vs. NO 09-7803 Civil Term CIVIL ACTION — LAW JOHN MCMILLEN WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JOHN MCMILLEN, 7 HELENA LANE, CARLISLE, PA 17015 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL PERSONAL PROPERTY OWNED BY OR IN THE POSSESSION OF DEFENDANT. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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 (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which 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. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all 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. (iii) any funds in an account of the defendant (s) with a bank or other financial institution 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, 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 Due $2,227.00 Plaintiff Paid Interest Law Library $.50 Attorney's Comm. % Dpe Prothonotary $2.25 Other Costs Attorney Paid $158.72 Date: 11/10/14 (Seal) REQUESTING PARTY: Name : PAUL COLAVECCHI, ESQUIRE Address: P.O. BOX 131 CLEARFIELD, PA 16830 Attorney for: PLAINTIFF Telephone: 814-765-1566 Supreme Court ID No. PLAINTIFF .--bzw;:e14.71 621 -Li David D. Buell, Prothonotary 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 2