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HomeMy WebLinkAbout12-1044V. WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 ` /01& &0,:d Ford Credit T/D/B/A Ford Motor Credit Company Writ No. 2006-CV-00344-CV r VS. C p ?t Scott Gabel and Linda C. Gabel a/k/a Linda C. Ballough Amount Due: $13,889.55 -n- N VS.? Americhoice Federal Credit Union - Garnishee INTERROGATORIES r2, -orn r C) C? -? WRIT OF EXECUTION ..n NOTICE PlC N ..tom This paper is a writ of Execution. It has been issued because there is a judgment against you. It m ?usMour -< -°4 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 sRecifically 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 SERVICE 213 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17101 (717) 232-7536 ASS 7 WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW Ford Credit T/DB/A Ford Motor Credit Company Writ No. 2006-CV-00344-CV VS. Scott Gabel and Linda C. Gabel a/k/a Linda C. Ballough Amount Due: $13,889.55 506 N. 29th Street Harrisburg, PA 17109 COSTS VS. Plaintiff Paid: $135.00 Americhoice Federal Credit Union - Garnishee Interest from July 28, 2006 At 2175 Bumble Bee Hollow Road 5.00% per annum: $3,648.36 Mechanicsburg, PA 17055 Sheriffs Costs: $142.00 Attorney: $3.00 This Writ: $37.75 INTERROGATORIES TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs against Scott Gabel and Linda C. Gabel, 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 Americhoice Federal Credit Union - 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 as Garnishee(s) as follows: 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 (1) 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 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. 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 Tuesday, February 07, 2012. Stephen E. Farina, Prothonotary ay: Deputy ReguestinE Party Gregg L Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary c! I c f_ 1 `? ?fQ7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Cluribr"f4/4 2 C'! Richard W Stewart Solicitor OF;: CE ' >-c RIFF CUt13 ERL?,? a !J? jq Ty PcNIgSYI,.VAfiIA 2 -/d w Ford Credit t/d/b/a Ford Motor Credit Company Case Number S. Scott Gabel (et al.) 2006-CV-00344-CV SHERIFF'S RETURN OF SERVICE 02/21/2012 11:49 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 21, 2012 at 1149 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Scott Gabel and Linda Gabel, in the hands, possession, or control of the within named garnishee, Americhoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanisburg, Cumberland County, Pennsylvania, 17050 by handing to Rebekka Dunn, Member Service Representative 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 February 23, 2012 to Scott Gabel at 506 N 29th Street, Harrisburg, PA 17109 and to Linda C. Gabel at 4263 Nantucket Drive, Mechanicsburg, PA 17050. SO ANSWERS, February 23, 2012 RON R ANDERSON, SHERIFF Noah Cline, Deputy NOTARIAL SEAL JODY SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2013 t\cDtJ A