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HomeMy WebLinkAbout10-5988COURT OF COMMON PLEAS OF CRAWFORD COUNTY CIVIL DIVISION Page 1 of 6 /b- S79ff Plaintiff(s) Case No: 2010-50227 PRO CREDIT SOLUTIONS (vs) WRIT OF EXECUTION Defendant(s) NOTICE RUST MARCY 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 Q rights, you must act promptly. z 5-R The law provides that certain ?_ °- °?? property cannot be taken. Such c? I- property is said to be exempt. There 2 ) - a. cr--? is a debtor's exemption of $300. t ,- , cc ° There are other exemptions which may _ ' be applicable to you. Attached is a U%- N c? summary of some of the major CD 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 WHERE YOU CAN GET LEGAL HELP. CRAWFORD COUNTY BAR ASSOCIATIO N COURT ADMINISTRATOR OFFICE 903 DIAMOND PARK MEADVILLE, PA 16335 .38,00 p4 - 6V • COURT OF COMMON PLEAS OF CRAWFORD COUNTY CIVIL DIVISION Page 2 of 6 PRO CREDIT SOLUTIONS (vs) MARCY RUST Case No: 2010-50227 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of CRAWFORD To the Sheriff of CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against RUST MARCY (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 WACHOVIA BANK as garnishee(s), (Specifically describe Property) COURT OF COMMON PLEAS OF CRAWFORD COUNTY CIVIL DIVISION Page 3 of 6 PRO CREDIT SOLUTIONS (vs) MARCY RUST Case No: 2010-50227 and to notify the garnishee(s) that (a) an attachment has been issued; (b) except as provided in paragraph (c), enjoined from paying any debt to or the defendant(s) and from delivering defendant(s) or otherwise disposing the garnishee(s) is for the account of any property of the thereof; (c) the attachment shall not include any funds in an account of the defendant(s) 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 (i) the first $10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which 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. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000 at any time if all 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. (iii) any funds in an account of the defendant(s) with a bank or other financial institution 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 that he or she has been added as a garnishee and is enjoined as above stated. COURT OF COMMON PLEAS OF CRAWFORD COUNTY CIVIL DIVISION Page 4 of 6 PRO CREDIT SOLUTIONS (vs) MARCY RUST Case No: 2010-50227 Debt . . . . . . . . . . . . . Interest . . . . . . . . . . . Filing Fee. . . . . . . . . . Costs . . . . . . . . . . . . Sheriff . . . . . . . . . . . Writ. . . . . . . . . . . . . Satisfaction. . . . . . . . . $5,744.25 $113.31 $19.75 $24.00 $8.00 ,AT Emm k-'Arnett- ..Ruff Prothonotary 9/09/2010 Date Sealed Attorney for Plaintiff: COURT OF COMMON PLEAS OF CRAWFORD COUNTY CIVIL DIVISION Page 5 of 6 PRO CREDIT SOLUTIONS (vs) MARCY RUST Case No: 2010-50227 CLAIM FOR EXEMPTION To the Sheriff: I, the above-named. 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 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 for 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): 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 COURT OF COMMON PLEAS OF CRAWFORD COUNTY CIVIL DIVISION Page 6 of 6 PRO CREDIT SOLUTIONS (vs) MARCY RUST Case No: 2010-50227 I request a prompt. court hearing to determine the exemption. Notice of the hearing should be given to me at (include phone#)• 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. 4909 relating to unsworn falsification to authorities. Date (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY CRAWFORD COUNTY SHERIFF OFFICE CRAWFORD COUNTY COURTHOUSE 903 DIAMOND PARK MEADVILLE, PA 16335 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Fy ,- ?+; OF FILED-OFFICE 031' THE PROTHONOTARY 2010 SEP 23 AM 8: 39 CUMBERLAND COUNT° 11 `14S!i LVA01A Pro Credit Solutions '/0-S-988 Case Number vs. Marcy Rust 2010-50227 SHERIFF'S RETURN OF SERVICE 09/21/2010 10:13 AM - Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1013 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Marcy Rust, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kris Darhower, Teller, 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 September 22, 2010 to Marcy Rust at 17803 Highway 8, Centerville, PA 16404. SO ANSWERS, September 22, 2010 RON R ANDERSON, SHERIFF Ryan Burge t, Deputy !oi COU ntySuite Sh&iff Teiaasoft Vns. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff Jody S Smith arutr ei ?,u,ib? T ? rl SHE PRQTNQP?QTAFt E? Chief Deputy :.' 2011 APR 15 PM 1: 12 Richard W Stewart Solicitor OFFICE ?f'?.=s?wRWF CUMBERLAND YANIA COUNTY f ? + sg88. Pro Credit Solutions vs. Case Number Marcy Rust 2010-50227 SHERIFF'S RETURN OF SERVICE 09/21/2010 10:13 AM - Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Septemb r 21, 2010 at 1013 hours, attached as herein commanded all goods, chattels, rights, debts, credits, a d monies of the within named defendant, to wit: Marcy Rust, in the hands, possession, or control of he within named garnishee, Wachovia Bank, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kris Darhower, Teller, personally three copies of interrogatories together ith three true and attested copies of the writ of execution and made the contents there of known to her. The writ o execution and notice to defendant was mailed on September 22, 2010 to Marcy Rust at 17803 Highway 8 Centerville, PA 16404. 04/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned a ABANDONED. No action on writ in over 6 months. SHERIFF COST: $124.1 April 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF r , r Sharon R. Lantz 'C CountySuRe Sheriff, Teiecsoft, li -,