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HomeMy WebLinkAbout10-2310iJ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PENN WASTE, INC. 2010-NO-455-31 85 BRICKYARD RD PO BOX 3066 ?D 3?0 YORK, PA 17402 ca '^,'! 1 VERSUS -r LINDA L. McGUIRE 3517 ROLO COURT MECHANICSBURG, PA_ 17055. U? 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. ?7rn ATTORNEY CONNECTION OF THE YORK COUNTY BAR ASSOCIATION 137 EAST MARKET ST YORK, PA 17401 TELEPHONE NO. (717) 854-8755 WWW.YORKBAR.ORG/ATTORNEYCONNECTION ??? 05! 7S/ 77 II 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 i? 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law is IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PENN WASTE INC VERSUS LINDA L. McGUIRE 2010-NO-455-31 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 S it III (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. I 1 In the Court of Common Pleas of York County, Pennsylvania WRIT OF EXECUTION PENN WASTE INC Vs. LINDA L. McGUIRE To the Sheriff of CUMBERLAND County: Case No. 2010-NO-455-3i To satisfy the judgment, interest and costs against LINDA L. McGUIRE, 3517 ROLO COURT, MECHANICSBURG, PA 17055, 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) ANY & ALL PERSONAL 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 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. I 1 2010-NO-455-31 (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: $190.63 Docket costs: $157.25 INCLUDES YORK COUNTY DJ COSTS OF $76.00 Amount of interest: $4.69 Attorney fees/Commission: plus Sheriff's costs. Seal of the Court Date: MARCH 22, 2010 Requested by: PENN WASTE INC, PRO SE SHEILA Y. BEICHNER, CIVIL COMPLAINTS ADMINISTRATOR PO BOX 3066 YORK, PA 17402 (717) 718-7569 ?m PAMELA S. LEE, PROTH@pWgpnotary MY COMMISSION EXPIRES JANUARY 2, 2012 Deputy E of CUMBERLAND SHERIFF'S pFIrIC r ' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Penn Waste, Inc. „S. OF SERVICE Linda 1. McGuire gHIERIFF'S RETURN who being duly sworn according of the within writ of execution, an Burgett, {)eputY Sheriff, at 3517 10:30 AM - Ry he served a true copy oore, Adult in Charge' ime hat) john M 04/29010 at 0948 hours, known unto and 2010 L, McGuire, by mak Cumberland ing Ivania its Upon serving the writ of execution, a true and correct copy of ttie same. to attorneyand letter mailed to defendant on 0 a mailed to law, and copy of levy being duly sworn according. R. Anderson, Sheriff, who 412010 Ronny BANDONED• No action on writ in over 6 months. 1,110 returned as A SO SHERIFF COST: $108.39 November 04, 2010 By . f u, fc:?ite She,: , c;. v= NTY Case Number 2010-N0-455-31 law, states that on April 29, )n the defendant, to wit. Lind` 10 Court, Mechanicsburg, g to him' personally PostcaId y was completed. .10. this writ of execution is JERS, -Y' -I-- R ANDERSON, SHERIFF