HomeMy WebLinkAbout10-7631o ~~~~~~~
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NOli 2 4 2010
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
HOOVER ENGINERING SERVICES INC 2010-NO-6920-31
658 GAUMER RD
STE 100
NEW CUMBERLAND PA 17070
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VERSUS /0- 7~3/ ~~
GATEWAY CONSTRUCTION INC m ~ ° "{
5 RADAM ST ~~
P O BOX 2 4 7 try t"" „~ '~~-,.j
SUMMERDALE PA 17093 ;~~ W t~j~
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WRIT OF EXECUTION .;,.C:.. ~. ~(~
NOTICE `"" ~~
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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.
ATTORNEY CONNECTION
OF THE YORK COUNTY BAR ASSOCIATION
137 EAST MARKET ST
YORK, PA 17401
TELEPHONE N0. (717) 854-8755
WWW.YORKBAR.ORGTATTORNEYCONNECTION
3750 Pd . °~~
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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
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
HOOVER ENGINERING SERVICES INC 2010-NO-6920-31
VERSUS
GATEWAY CONSTRUCTION INC
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 prcperty 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)
(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 OFFICE
1 COURTHOUSE SQUARE
CARLISLE PA 17013
717-240-6195
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 or
included in a separate direction to the sheriff.
Under paragraph (2) of the writ, if attachment of a named garnishee is
desired, the garnishee's name should be set forth in the space provided.
Under. paragraph (3) of the writ, the sheriff may 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.
In the Court of Common Pleas of York County, Pennsylvania
WRIT OF EXECUTION
HOOVER ENGINERING SERVICES INC Case No. 2010-NO-6920-31
Vs.
GATEWAY CONTRUCTION INC
To the Sheriff of CUMBERLAND County:
To satisfy the judgment, interest and costs against GATEWAY CONSTRUCTION INC
5 RADAM ST P 0 BOX 247 SUMMERDALE PA 17093, 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 AND 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
(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 of 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 a bank of 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.
2010-NO-6920-31
(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: $2,529.52
Docket costs: $215.25 THIS AMOUNT INCLUDES $ 134.00 IN DJ COSTS
Amount of interest:
Attorney fees/Commission:
plus Sheriff's costs.
Seal of the Court
Date: 11-23-10
Requested by:
HOOVER ENGINERING SERVICES INC
658 GAUMER RD STE 100
NEW CUMBERLAND PA 17070
S.
PAMELA S. LEE, PROTHONOTARY
MYCOMMISSION EXPIRES JANUARY 2, 2012
Prothonotary
By
Deputy