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