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HomeMy WebLinkAbout10-1222 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Toma, Inc. c/o Susie Maus, 524 Prince Street Littlestown, PA 17340 Defendant(s) and Graystone Bank 3599 Gettysburg Road Camp Hill, PA 17011 Garnishee WRIT OF EXECUTION NOTICE : NO. 2008 5349 ca EXECUTION NO. TEt . N ;tC7 `rn 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. 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 Sheriffs 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. MidPenn Legal Services Name 230 Lincoln Way East. Suite A. Chambersburg, PA 17201 Address (717) 264-5354 Sp ?? St`"? Telephone Number i(V "SOS 6, ATTEST A TRUE COPY d 3g ,OD p?` -.? L DA L. BEARD, PROTHONOTARY ?????( IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. NO. 2008 5349 Toma, Inc. , c/o Susie Maus, 524 Prince Street EXECUTION NO. TERM, Littlestown, PA 17340 Defendant(s) and Graystone Bank 3599 Gettysburg Road , Camp Hill, PA 17011 Garnishee WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Toma, Inc., defendant(s); (1) You are directed to levy upon the property of the defendant(s) and to sell the defendant's interest therein; (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Graystone Bank , as garnishee(s), (Name of Garnishee(s) 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 defendants and from delivering any property of the defendants 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(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 such other person(s) that he or she has (have) been added as a garnishee(s) and is (are) enjoined as above stated. Amount of Contributions, Interest and Penalty due $3,255.44 Lien Filing Fee(s) $27.50 Additional Legal Costs $421.00 Interest on $3,174.42 from 12/31/2008 to 2/28/2010 on unpaid $253.17 contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code, 43 P.S. § 788.1 Less Payments $(1,636.41) TOTAL AMOUNT DUE $(2,3320.70 plus costs P H NOTARY BY- 4E Date: 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 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Toma, Inc. c/o Susie Maus, 524 Prince Street Littlestown, PA 17340 Defendant(s) and Graystone Bank 3599 Gettysburg Road Camp Hill, PA 17011 Garnishee NO. 2008 5349 ATTACHMENT INTERROGATORIES IN ATTACHMENT To Graystone Bank, (Garnishee) You are required to file answers to the above interrogatories, within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendants any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? 2. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendants or in which defendants held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendants had an interest? 5. At any time before or after you were served did the defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? . 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendants or to any person or place pursuant to his direction or otherwise discharge any claim of the defendants against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an.account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If you have answered "Yes" to any of the interrogatories numbered 1 through 6 above, state the amount of money or claim, or other liability which you hereby admit to be owed to, owned by, or claimed by defendants and describe the nature of such claim or liability and of such other property as you have hereby admitted to be in your possession. Respectfully submitted, Robin H. Grenoble, (Attorney ID #79575) Assistant Counsel Commonwealth of Pennsylvania Department of Labor and Industry 651 Boas Street, 10th Floor Harrisburg, PA 17121 (717) 787-4186 Dated: 2/4/10 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION : LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Toma, Inc. c/o Susie Maus, 524 Prince Street Littlestown, PA 17340 Defendant(s) and Graystone Bank 3599 Gettysburg Road Camp Hill, PA 17011 Garnishee CLAIM FOR EXEMPTION To the Sheriff: NO. 2008 5349 EXECUTION NO. TERM, I, one of the above-named defendants, claim exemption of properly 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): (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 statutory exemption: in cash; in kind (specify property): ; (b) 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 Number) 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 unsworn falsification to authorities. Date: (Defendant) THIS CLAIM TO FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: One Courthouse Square. Carlisle. PA 17013 (Address) (717) 240-6390 (Telephone Number) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor OFFICE OF THE SHERIFF ; if i E? l ?? ` E t_. ^ 1 Hp pr's 201OMAR fb Phi 12: 12 CUI -: Nly Commonwealth of PA, Dept of Labor and Industry, to the use of the Unem vs. I Case Number Toma, Inc. c/o Susie Maus -28989 iG- SHERIFF'S RETURN OF SERVICE 02/25/2010 11:30 AM - Michelle Gutshall, Deputy Sheriff, who being duly swom according to law, states that on February 25, 2010 at 1117 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Toma Inc. c/o Susie Maus, in the hands, possession, or control of the within named garnishee, Graystone Bank, 3599 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Sheri Melnick, Branch Operations Supervisor, 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 March 8, 2010 to Toma, Inc. c/o Susie Maus, 524 Prince Street, Littlestown. SO ANS RS, March 05, 2010 By SH Michelle Gutshall, Deputy NOTARIAL SEAL CLAUDIA A.. HRE EA1KER, NOTARY ?Ui Affirmed and subscribed to before me this NOT6WSIe Soro, Cumbe and " 'x.mty My Commission Expires ,^,•r1, 2013 -'day of ;c) Corm ;'Suite Shentt, Teleosott, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson pL~Q~(;E Sheriff ~~~~,~ nt +~I~m~6,er~ ~ ~ ~~~ A?r1~1{~T~ a Jody S Smith Chief Deputy ' "" ,' ~ Q Q~~ 3 ~ pM 4~ ~ 7 ~~~ Richard W Stewart .~- Solicitor orr~cs c F -~E sN~R~FF (~~~ ~~~ ~~~ PE7UNSYLVq{~pA ~,~~Z Commonwealth of PA, Dept of Labor and Industry, to the use of the Unem Case Number vs. 2008-5349 Toma, Inc. c/o Susie Maus SHERIFF'S RETURN OF SERVICE 02/25/2010 11:30 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1117 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Toma Inc. c/o Susie Maus, in the hands, possession, or control of the within named garnishee, Graystone Bank, 3599 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Sheri Melnick, Branch Operations Supervisor, 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 March 8, 2010 to Toma, Inc. c/o Susie Maus, 524 Prince Street, Littlestown. 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: $132.42 SO ANSWERS, t: August 30, 2010 RON R ANDERSON, SHERIFF By haron R. Lantz (c) GountySuite Shenfl, Teleosoft, Inc.