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Home My WebLink About10-6395WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 /D-6315?r Edwin L. Heim Company Writ No. 2010-CV-07998-CV VS. Gateway Construction, Inc. Amount Due: $14,840.00 WRIT OF EXECUTION NOTICE This paper is a writ of Execution. It has been issued because there is a judgment against youIt may cause your property to be held or taken to pay the judgment You may have legal rights to prevent our 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. 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 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. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVIC E' 213 NORTH FRONT STREET C = HARRISBURG, PENNSYLVANIA 17101 r r'T I 717 232-7536 '" 3,2150Pd• I> C-) ?? -C - - ? :'-- C3 ? C7 ^ ' L Y? WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW Edwin L. Heim Company Writ No. 2010-CV-07998-CV 1918 Greenwood Street Harrisburg, PA 17105 VS. Gateway Construction, Inc. 5 Radam Street Summerdale, PA 17093 O THE SHERIFF OF CUMBERLAND COUNTY: Amount Due $ 14,840.00 COSTS Plaintiff Paid: $166.00 Interest @ rate of 1.5% per month (18% per annum) from Nov. 15, 2009 to Aug. 10, 2010: $2,003.40 Sheriffs Costs: $85.34 Attorney: $3.00 This Writ: $33.25 Interest at 6% per annum: $84.22 To satisfy the debt, interest and costs against Gateway Construction, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: Levy on all personal property of the Defendant found at Defendant's residence, located at 5 Radam Street, Summerdale, PA 17093 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 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 (i) the first $10,000 of each account of the defendant 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 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 with' d 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. sect. 8123. (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. WITNESS, the Honorable Todd A. Hoover, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Friday, October 01, 2010. Stephen E. Farina, Prothonotary By: ;a?qn 6"MA Requesting Party: Deputy Diane M. Tokarsky, Esquire 100 Pine Street PO Box 1166 Harrisburg, PA 17108 (717) 237-5354 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary McNees Wallace & Nurick LLC By: Diane M. Tokarsky Attorney I.D. No. 44369 Thomas L. Isenberg, Jr. Attorney I . D. No. 76652 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5354 EDWIN L. HEIM COMPANY 1918 Greenwood Street Harrisburg, PA 17105 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA Plaintiff, V. No. 2010 CV 07998 CV GATEWAY CONSTRUCTION, INC 5 Radam Street Summerdale, PA 17093 Defendant. CLAIM FOR EXEMPTION To the Sheriff: I, Gateway Construction, 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 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) 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: (Telephone Number) (Address) 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: Gateway Construction, Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: 1 Courthouse Square Room 303 Carlisle, PA 17013 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY a.qi• ;., Edwin L. Heim Company vs. Gateway Construction, Inc. Case Number 2010-CV-07998-CV SHERIFF'S RETURN OF SERVICE 10/20/2010 04:05 PM -- Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on Octobei 20, 2010 at 1605 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Gateway Construction, Inc., by making known unto Dorothy Staudt, Secretary, at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, defendant paid $ 17,603.23 to Deputy Michael Barrick. 11/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $388.02 (PAID BY DEFENDANT) November 17. 2010 SO ANSWERS, RONNY R ANDERSON. SHERIFF B Y`?Jii /r JC .:?u Sharon R. Lantz, DISTRIBUTION PLAINTIFF Edwin L. Heim Company WRIT NO. 2010-CV-07998-CV (Dauphin County) Edwin L. Heim Company -vs- Gateway Construction, Inc. Real Debi. Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorney., Fees $ 14,840.00 2,08 ,7.62 287.59 $ 17,215.21 Sheriffs Costs: Docketing $ 18.00 Poundage 296.80 Law Library Prothonotary 37.50 Service Mileage 14.40 Postage 1.32 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 388.02 Defendant Paid to Sheriff $ 17,603.23 Advance Costs 150.00 Total Collected $ 17,75323 DISTRIBUTION Pd. To Pltff. $ 17,215.21 Refund of Adv. Costs 150.00 Sheriffs Costs 388.02 So An r R n 'R. Anderson S ri ff By ?ry?< -