Loading...
HomeMy WebLinkAbout10-0327No, J6 - 3,)- 1 (-N: PHILADELPHIA MUNICIPAL COURT FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 34 South 11th Street, Philadelphia, PA. 19107 Marsha H. Neifield, President Judge Patricia R. McDermott, Deputy Court Administrator j$LT-08-11-12-4757 ROBERT ALEXANDER AND ALL OCCS SHAWN GEE 1818 BREYER COURT 130 EAST WALNUT PARK DRIVE, 1ST FLR. ELKINS PARK, PA 19027 PHILADELPHIA, PA 19120 Plainti s De endant s RITE AID PHARMACY, 30 HUNTER LANE, CAMP HILL, PA 17011 Garnishee (s) GLENN M ROSS Petitioner/Attorney Attorney # 044537 Address & 566 SOUTH BETHLEHEM PIKE FORT WASHINGTON, PA 19034 Phone 215 643-7200 WRIT OF EXECUTION NOTICE il;p2e.4 ao ` .**#, jt? zooq This paper is a Writ of Execution. It has been issued because there is a judgment against you. It 111s ? ?y 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 you 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 the following other exemptions which may be applicable to you: (1) bibles, school books, sewing machines, uniforms and equipment; (2) most wages and unemployment compensation; (3) social security benefits; (4) certain retirement funds and accounts; (5) certain veteran and armed forces benefits; and (5) certain insurance proce@ds. V You may have other exemptions or other rights. rT_ a -4 If you have an exemption, you should do the following promptly: (1) fill out the attache4lalm -C, M for exemption form and demand for a prompt hearing and (2) deliver the form or mail it 4the N n Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court `Eme r1) ' prove your exemption, you may lose some of your property. - c•a 0 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 3? Ob r HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 73R-G.1 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEIGIBLE PERSONS AT A REDUCE FEE OR NO X36 r 7& FEE. Lawyer Referral and Information Service 1101 Market Street, 11`h Floor Philadelphia, PA 19107-2911 (215) 238-6333 PHILADELPHIA MUNICIPAL COURT FIRST JUDICIAL DISTRICT, OF PENNSYLVANIA 34 South 11th Street, Philadelphia, PA. 19107 Marsha H. Neifield, President Judge Patricia R. McDermott, Deputy Court Administrator # LT-08-11-12-4757 SHAWN GEE ROBERT ALEXANDER AND ALL OCCS 1818 BREYER COURT 130 EAST WALNUT PARK DRIVE, 1ST FLR. ELKINS PARK, PA 19027 PHILADELPHIA, PA 19120 RITE AID PHARMACY, 30 HUNTER LANE, CAMP HILL, PA 17011 WRIT OF EXECUTION (Money Judgment) TO: THE SHERIFF OF CUMBERLAND . COUNTY: To satisfy the judgment, interest and costs against the above-captioned defendant(s): ROBERT ALEXANDER I . You are directed to levy upon property of the defendant(s) and to sell defendant's (s') interest therein: RITE AID PHARMACY, 30 HUNTER LANE, 2. You are also directed to attach the property of the defendant(s) not levied upon in the possession of ( more ) (Name of Garnishee) GARNISH THE WAGES OF DEFENDANT ROBERT ALEXANDER. as garnishee, and to notify the garnishee of the following: (specifically describe property) (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 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 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. 01 REAL DEBT CREDIT INTEREST from 12/10/2008 COSTS PAID: Prothonotary Sheriff 4,960.00 Jose $ The $ 335.00 Ov20 s?. ay: $ 75.00 $ 284.00 ???7777kh 000,9 Date AA& PHILADELPHIA MUNICIPAL COURT FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 34 South 11th Street, Philadelphia, PA. 19107 Marsha H. Neifield, President Judge Patricia R. McDermott, Deputy Court Administrator # LT-08-11-12-4757 SHAWN GEE 1818 BREYER COURT ELKINS PARK, PA 19027 ROBERT ALEXANDER AND ALL OCCS 130 EAST WALNUT PARK DRIVE, 1ST FLR. PHILADELPHIA, PA 19120 Overflow of Writ Garnishee Name List CAMP HILL, PA 17011 File no. WRIT OF EXECUTION THE PHILADELPHIA MUNICIPAL COURT CLAIM NO. LT-08-11-12-4757 11/19/2009 SHAWN GEE 1818 BREYER COURT ELKINS PARK, PA 19027 CD z O ROBERT ALEXANDER AND ALL OCCS 130 EAST WALNUT PARK DRIVE, 1ST FLR. PHILADELPHIA, PA 19120 Plaintiff MAWN GEE 1818 BREYER COURT ELKINS PARK, PA 19027 Vs. Defendant(s) THE PHILADELPHIA COURT OF ROBERT ALEXANDER 130 E. WALNUT PARK DR COURT No_ 1 PHILA, FA 19120 ST FLR TERM No. CLAIM N0._ - 11-08-11-12-4757 WRIT OF EXECUTION NOTICE This paper is a Writ of Execution- it has been•issuW because there is a judgment against you. It may cause your property to be held or taken to pay the judge mt. You may have legal rights to prevent your property from being taken. If you wish to exercise your rights, you must act promptly. Exempt Property: The law provides that certain property cannot be taket>. Such property is said to be exempt. There is a debtor's exemption for $300.00. There are ocher exemptions, which may be applicable to you. Attached is a summary of sore.: 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 exemption claim form and demand for a prompt hearing; (2) Deliver the fdrm or mad it tp the ShaiTs Office at the address noted. The fee to file this is 520_*Attorney che&' certified check, cashiers check or money order only). You should come to court ready to-explain you exemption. If you do not come to court and prove your exemption, you may lose some of your property. Property Belonging to Another Person: If there is property at yovr residence (or-in your bank account) that belongs to another person or that you own with another persarr, you should notify that person so that bdshe can file a Property Claim (fee to file is $40.00, attorney check, certified check, cashiers check or money order only) or other legal papers with the Sheriff's Office to prevent his/her property from being taken or sold at Sheriff's Sale to satisfy your debt- See enclosed forms. "YOU SHOULD TAKE THIS PAPER TO "LLEVE EST DEMANDA A UN ABOGADO YOUR LAWYER AT ONCE. IF YOU DO IMMEDIATAM94 E, ST NO TIENE NOT HAVE A LAWYER OR CANNOT ABOGADO O SO NO TIENE EL DINERO AFFORD ONE, GO TO OR TELEPHONE THE, SUFICtEN1E DE PAGAR TAL SEP.VICIO OFFICE SET FORTH BELOW TO FIND OUT VAYA EN PERSONA O LLAME POR WHERE YOU CAN GET LEGAL HELP-" TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA Philadelphn Bar Assoeianon ABAIO PARA AERIGUAR DONDE SE PUDL Lawyer Referral and Information Service CONSGUIR ASISTENCIA LEGAL.- One Reading Center Philadelphia, PA 1910'! Telephone: {2l 231-1201 Associaneion De Licenciodos Dc FiladelGa Servicio Da Referencia E Infonnacion Legal One Reading Center filadelfs. PA 19102 Telefono:(215)238-1701 EXHIBIT ..A" PLAINTIFF SHAWN GEE VS. DEFENDANT ROBERT ALEXANDER Cozen & Term No. Claim No. _ LT=3-11-12-4757 TO THE SHERIFF: CLAIM FOR EXEMPTION 1, the above-named defendant, claim exemption of property from levy (1) or attachment (2): (1) From my personal propery, in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption by [ } (1) set aside in kind (specify property to be set aside in kind): j) (II) paid in cash following the sale of the property levied upon; or (b) 1 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 5300.00 statutory exemption [ } in cash j } in kind (specify property): (b) Social Security benefits on deposit in the amount of • S (c) Other (specify amount and basis of exemption): 1 request a prompt court hearing to determine the exempti(n/- Notice of the hearing should be given to the at: (Name, Address & Telephone Number) 1 verify that the statements trade in this Claim for Exemption are true and correct- 1 understand that false statements herein are made subject to the penalties of 18 PA-CS. Section 4904 relating to tnsworn falsification to authorities. Date: Defendant(s): Phone # Address: City, Zip: THIS CLAIM TO•BE FILED ?'tRT?I- Offxc of the Sheriff of Philadelphia County Land Tick Building 100South Broad Street, Fifth Floor Philadelphia, PA 19110 (215) 686-3559/60 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 sep irato 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 may be found in poss:ssion of property of the defendant. See Rule 3111 (a). For limitations on the power to auacb tangible persona; p openy, see Rule 3108(a). (b) Each corm shall by local rule designate the officer, organization or person to be named in the notice. -MAJOR EXEMPTIONS UNDER PENNSY1,VpNIA AND FEDERAL LAW (1) 5300.00 statutory exemption (2) Bibles, school books, sewing machines, tmiforrm and equipment (3) Most wages and unemployment compensation (4) Social Security benefits . (5) Certain retirement fund and accounts (6) Certain veteran and armed forces benefits (7) Certain insurance proceeds EXHMIT "A-1 " Plaintiff sTI E 1818 BREYER COURT ELKINS PARR, P 9027 Vs. Defendant(s) ROB$RT ALEXANDER 130 E. WALNUT PARK 1ST FLR THE PHILADELPHIA COURT OF DR COURT No. TERM No. CLAIM No. LT-08-11-12--W757-- PROPERTY CLAIM NOTICE TO PERSONS OTHER THAN ABOVE-NAMED DEFENDANT WHO OWN PROPERTY LOCATED All household goods and contents at this address may be scheduled for Sheriffs Sale in the near future 10 satisfy a judgment against: If you are not named above, and you own property located at this address, your property may be sold unless you inform the Sheriff in writing what property belongs to you. You may protect your property, including any property that you own jointly with the person named above, by filling out the attached Property Claim form, and filing it at the Office of the Sheriff, prior to sale. The fee for filling the Property Claim is $40.00, but you may not have to pay the fee if you cannot afford it. (Payment must be in the form of Attorney's check, certified check, cashier's check or money order only.) If you file a Property Claim, the Sheriff's Sale will not go through unUil the Sheriff decides whether you own the property you claim. For additional information, you may telephone the Sheriffs Office at (2) 5) 686-3559/6p, "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCF-- 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 Philadelphia BW Association Lawyer Referral and Information Service One Reading Center Philaddphia, PA 19107 Telephone: (2) S) 238-1701 "LLEVE EST DEMANDA A UN ABOGADO IMMEDIATAMEN. SI NO TIENE ABOGADO 0 SO NO T1ENE ELTEDINERO S[JFIC1E11TE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAIO PARA AERIGUUAR DONDE SE PUDE CONSGUIR ASISTENCIA LEGAL." Associancion De LkVWiados De Filz&lra Servi6i Da Rcfacmis E Information Legal One Reading Center FiladdrM PA 19107 Telefoao: (215) 238-1701 EXHIBIT "B" Plaintiff 3"M -OE 1$18 BREYER COUR ELKINS PARR, 't9U27 Vs. THE PHILADELPHIA COURT OF Defendant(s) EXANnER COURT No. 130 E. VALIM PARK R 1ST FLR TERM No. PHI , CLAIM No_ - PA NOTICE TO CO-OWNER OF ATTAca"ENT OF PROPERTY Date: Tile Bank account or other property that you own with the defendant(s) above-named, have been attached by plaintiff to satisfy a judgment obtained by the plaintiff against the defoidant_ Your money or property may soon be taken even though you owe nothing to the plaintiff- If some of the funds in the account or some of the property held by the garnishee, belongs to you, you should contact the bank or garnishee to see if it is defending your funds orproperty against garnishment. If-the bank or garnishee is not defending against garnishment of property, you can prevent garnishment by filling a Petition with the Sheriff. To protect your fiords or property, you should complete the attached petition to Intervene Stay and Set Aside Writ of Execution as to Non-Judgment Debtor Property and file it in the Office of the Sheriff within fifteen (15) days after the date of this notice. For additional information, you may call the Sheriff's Office at (215) 686-3559/60 "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." Philadelphia Bar Association Lawyer Referral and Information Service One Reading Center Philadelphia, PA 19107 Telephone: (2)5) 238-1701 "LLEVE EST DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SO NO TMNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR 7 ELEFONO A LA OFIC3NA CUyA, DIRECCION SE ENCUFN'1RA ESCRITA ABAIO PARA AERIGUAR DONDE SE PURE CONSGUIR ASISTENCIA LEGAL." Assoeiancion De Lianciados De Fitedelfia Servieio Da Refcwlcia E Infon mion Legal One Reading Center FiladeUrs, PA 19107 Telefono: (215) 238-1701 EXHIBIT "F" Plaintiff SHAWN GEE 1818 BREYER COURT ELKINS PARK, PA 19027 Vs. Defendant(s) ROBERT ALiDER 130 E. WALNUT PARK DR 1ST FLR f THE PHILADELPHIA COURT OF COURT No. TERM No._ CLAIM No. LT-08-11-12-4757 PETITION TO INTERVENE, STAY AND SET ASIDE WRIT OF EXECUTION AS TO NON-JUDGMENT OF DEBTOR PROPERTY (540.00 to file - muse be in form of attorney's check, cashier cheek, certified check or money order only.) This petition respectfully represents: 1. 1, , the Petitioner, am a-party in interest and hereby move to inlemene in this garnishment proceeding pursuant to PA.R.Civ. P. Nos. 3121 and 3126 et seq. 2. The plaintiffhas attached personal property belonging to me currently in the possession of the garnishee. 3. This attached property consists of [ ) money held in a bank account held in common or jointly with the defendant [ ) other (specify) 4. The Writ of Execution must be stayed and set aside as to my propertybecause the plaintiff does not have the legal right to attach and/or garnish property other than that belonging to the judgment debtor in this matter. 5. 1 verify that the foregoing statements of fact are true and correct to the best of my knowledge, information and,belief. 1 understand that false statements herein are made subject to the penalties of 18 PA. C.S.A. 4904 relating to unworn falsifications to authorities. Date: (Petitioner) (Address) (Telephone) EXHIBIT "G" Plaintiff SHAIM rprr _ 1818 BR COURT ELKINS PARK, PA 19027 Vs. Defendant(s) RO,BETtT ____sr.?sME 130 B. W T.NtI'P veoa rn IST FLR PHILA, PA 19120 THE PHILADELPHIA COURT OF COURT No. TERM No._ CLAIM No. LT-08-11-12-4757 APPLICATION TO PROCEED IN FORMA PAUPERIS (PROPERT CLAIMMLMTION TO INTERVEN, STAY AND SET ASIDE WRIT OF EXECUTION) TO THE SHERIFF: 1- My personal property is subject to levy or attachment due to a judgment against a er noth person_ 2. -Because of my financial condition, I am unable to pay the fees and costs of filling my Property Claim folrn/Petition to Intervene, Stay and-Set Aside Writ of Execution; and to defend my property interests. 3. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of this litigation. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances, which would permit me to pay the cost incurred herein. 4. I verify that the information disclosed on this application and the attached Financial Statement are true and correct to the best of my lmow)edge, information and belief. I understand that false statements herein are made subject to penalties of 18 PA C.S.A. 4904 relating to unswom falsification to authorities. Name: Address: Telephone: EXHIBIT "H" PLAINTIFF SHAWN GEE VS. DEFENDANT ROBERT ALEXANDER Court & Term No. Gaim No. LT-OS-11-12-4757 FINANCIAL STATEMENT (a) Name: Address: Social Security Number: Phone Number (b) Employment: If you are recently employed, state Employer: Address: SalarY or wages per month: Phone Number Type of work: (c) Other Income within the past twelve (12) months: Business or Profession: Other Self-Employment: Interest: Dividends: Pension and Annuities: Social Security Benefits: Support Payments: Disability Payments: Unemployment Compensation/Workers Compensation: Public Assistance: Other @) _ Othetr.Contributions to Household Support (Wife) (Husband) Name: If your (Wife/Husband) is etnpioyed, state: Employer: Salary or wages per mont}r Type of Work: Contributions from Children: Contributions from Parents: Other Contributions: (e) Property Owned: Cash: Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): Motor Vehicle: Make: Year. Cost: Amount Owed: Stocks/bonds: (f) Debts and Obligations Mortgage: Rent Loans: Other: (p) Persons Dependent Upon You for Support (Wife/Husband) Name: Children, if any: Name: Age: Agc Age: Other Persons: Name: Relationship: EXHIBIT "H-1" fi :11 V I E '1120 bbQLl vet' f _.U JIJ-?J SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Ri T Sheriff gtttxtr at?tiF?firrf??A .r n'Ctr Jody S Smith'. 210 FEB -I i- : ( i Chief Deputy ?? Edward L Schorpp Solicitor r ?G?3a7 Shawn Gee Case Number vs. LT-08-11-12-4757 Robert Alexander SHERIFF'S RETURN OF SERVICE 01/27/2010 02:24 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on January 27 2010 at 1520 hours, he served two true copies of the within Writ of Execution and Notice to Withhold Income, upon the garnishee, to wit: Rite Aid, by making known unto Laura Crum, Paralegal, at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copies of the same. Letter mailed to defendant Robert Alexander at 130 E Walnut Park Drive, 1st Floor, Philadelphia, PA 19120 on 01-28-10. A K O LIN, DEPUTY SO ANSWERS, January 28, 2010 RO ANDE NOTARIAL SEAL OTARY Affirmed and s M RA NOTARY PUBLIC dap?lis d County My Com fission Expires dl 4,2413". s". " T? Poso,, SHERIFF'S OFFICE OF CUMBER~~IND COUNTY ~: Ronny R Anderson „~ Sheriff piK~1~r ~~~qtp p~ ¢ua~bF~~~4D OF THE , . ,......!NARY Jody S Smith Chief Deputy ~ -`-t ~~ ~~~i 3 ~ QM 4• ~~ ~:"-~ Richard W Stewart ~.~, '° Solicitor cs~~ICS 4 --H~ s~eRIFF a.~V{B~'il.t~'~+i1~3 I,QUIY~ PENNSYLVANl~ ~0-3z-~ Shawn Gee vs. Robert Alexander Case Number LT-08-11-12-4757 SHERIFF'S RETURN OF SERVICE 01/27/2010 02:24 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on January 27, 2010 at 1520 hours, he served two true copies of the within Writ of Execution and Notice to Withhold Income, upon the garnishee, to wit: Rite Aid, by making known unto Laura Crum, Paralegal, at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copies of the same. Letter mailed to defendant Robert Alexander at 130 E Walnut Park Drive, 1st Floor, Philadelphia, PA 19120 on 01-28-10. 08/30/2010 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: $131.07 August 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF By ar n R. Lantz {cj CountySui[e Shenfr. TelsosoR, Inc.