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HomeMy WebLinkAbout10-0498 00 IN THE COURT OF COMMON'PLEA&'OF-YORK COUNTY, PENNSYLVANIA DOUGLAS L. ZOOK 2009-NO-2422-31 480 RUNNING PUMP ROAD LANCASTER, PA 1760'1 ` - c.,_ VERSUS ra T: rn - N THOMAS A.' BEERS & r-_ MELISSA M. BEERS i 735 MEADOW DRIVE CAMP HILL, PA 17011 .rte v -< WRIT OF EXECUTION NOTICE 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. There is a debtor's exemption of $300.00. There are other exemptions, which may be applicable to you. Attached 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. 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 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 HWERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ATTORNEY CONNECTION OF THE YORK COUNTY BAR ASSOCIATION 137 EAST MARKET ST YORK, PA 17401 TELEPHONE NO. (717) 854-8755 WWW.YORKBAR.ORG/ATTORNEYCONNECTION . .¦ MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 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 8. Such other exemptions as may be provided by law IN THE COURT OF COMMON PLEAS OF YORK COUNTY,.PENNSYLVANIA DOUGLAS L. ZOOK 2009-NO-2422-31 VERSUS THOMAS & BEERS & MELISSA M. BEERS CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above name 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 $300.00 statutory exemption be [ ] (i) set aside in kind (specify property to be set aside in kind): , [ ] (ii) 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 $300.00 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: ('include address and telephone number) I verify that the statements made in this Claim for Exemption are true & correct. I understand that false statements herein are made subject to the penalties of, 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: DEFENDANT: THIS CLAIM TO BE FILED WITH: CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ' (717) 240-6390 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 of 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). (b) Each court shall by local rule designate the officer, organization or person. to be named in the notice. In the Court.of Common Pleas of York County., Pennsylvania WRIT OF EXECUTION DOUGLAS L. ZOOK Case No. 2009-NO-2422-31 Vs. THOMAS A. BEERS & MELISSA M. BEERS To the Sheriff of CUMBERLAND County: - To satisfy the judgment, interest and costs against THOMAS A. & MELISSA M. BEERS, 735 MEADOW DRIVE, CAMP HILL, PA 17011, Defendant, (1) you are directed to levy upon the property of the Defendant and to sell the Defendant's interest therein; (2) you are also directed to attach the property of the Defendant not levied upon in the possession of , Garnishee, (Specifically describe property) PERSONAL PROPERTY and to notify the Garnishee that 4 (a) an attachment has been issued; (b) except as provided in, paragraph (c), the Garnishee is enjoined from paying any deft 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. 2009-NO-2422-31 (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. Amount of judgment: $3,555.82 Docket costs: $246.66 INCLUDES DJ COSTS OF $103.25 Amount of interest: FROM 7/8/2004 Attorney fees/Commission: $850.00 plus Sheriff's costs. Seal of the Court PAMELA S. LEE, PROTHOOTA*onotary !R COMMISSION EXPIRES JANUARY 2, 2012 Date: JANUARY 19, 2010 Deputy 6 Requested by: MICHAEL VOLK, ESQUIRE ATTORNEY FOR PLAINTIFF 275 CUMBERLAND PARKWAY, STE 168 MECHANICSBURG, PA 17055 (717) 889-5989` 4 k Uz i C ?? t' vC 13 1 Z