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HomeMy WebLinkAbout12-6315WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 Penn Waste, Inc. Writ No. 2012-CV-07207-NT VS. Amount Due: $299.82 Mandy Salas and Wilfred Salas WRIT OF EXECUTION NOTICE This paper is a writ of Execution. It has been issued because there is a judgment a ag inst you. It may cause your property to be held or taken to pay the judgment. You may have legal ri htg s to prevent your property from being taken. A lawyer can advise vou more specifically of these ri ht~s. If vou wish to exercise your rights vou 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 rim 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 vou have an exemption, vou should do the followingpromptly: (I) Fill out the attached claim form and demand for al~rompt hearing. (2) Deliver the form or mail it to the Sheriff s Office at the address noted You should come to court read t~plain your exemption. If you do not come to court and prove your exemption vou may lose some of~propertv. 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 PERSON~AT~A, - ....-,-. REDUCED FEE OR NO FEE. -~ i~ --~ --r; ; ,.. DAUPHIN COUNTY LAWYER REFERRAL SERVICE -~. ~`: ca = 213 NORTH FRONT STREET '`~.~ HARRISBURG, PENNSYLVANIA 17101 `~ (717) 232-7536 # ~=~.. ~,,,, _ _ - iv _ _ .~ , ~2 ~+t' ~s ~.S~Go ,~ ~~~~~ WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION -LAW Penn Waste, Inc. Writ No. 2012-CV-07207-NT VS. Mandy Salas and Wilfred Salas 702 Barbara Street New Cumberland, PA 17070 Amount Due: $299.82 COSTS Plaintiff Paid: $66.00 Post-judgment Interest (2/6/12 to 9/26/12 @ per annum): $11.53 Sheriffs Costs: $35.00 (York County) Attorney: $3.00 This Writ: $37.75 York County Prothonotary Costs: $42.75 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs against Wilfredo Salas and Mandy Salas, 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 all personal property including but not limited to vehicles, digital cameras, printers, computers, furniture, patio furniture, grills, lawn mowers, entertainment systems, televisions, digital camorders, freezers and tools of value belonging to Defendants at 702 Barbara Street, New Cumberland, PA 17070 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 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 an}gone other than a named garnishee, you are directed to notify such other person that he or she iias 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 I-Ian•isburg Monday, October O 1, 2012. Stephen E. Fai•ii;a, ~ rothonotary By: f " Deputy Requesting Party: Jeffrey C. Bright, Esquire Susquehanna Commerce Center -East Suite 600 221 West Philadelphia Street York, PA 17401-2994 (717)843-6134 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary ' SHERIFF'S OFFICE OF CUMBERLAND COtJ~PtTY Ronny R Anderson ~~~.p'~-~~~Ir Sheriff :~ ~ ;-;= j}~~ ~`R07NON~JTA~1i' ~; ~~~~ Jody S Smith .. cnlefoepury 242 aCT 25 Phi 3~ 36 Richard W Stewart ~U~"1QE~1 „~~ ~~~~'~ ~' solicitor n = N~lS Y LVANI A /~ ~~315 c~,-,! Penn Waste, Inc. vs. Mandy Salas (et al. j Case Number 2012-CV-07207-NT SHERIFF'S RETURN OF SERVICE 10/23/2012 09:36 PM -Shawn Gutshall Deputy ;sheriff, who being duly sworn according to law, states that on October 23, 2012 at 2136 hours, he attempted to serve a true copy of the within writ of execution, upon the defendant, to wit: Mandy Salas at 702 Barbara Street, New Cumberland, Cumberland County, Pennsylvania. At that time it was learned from Robert Bumgarner, father of defendant Mandy Salas, that the defendants had moved to Florida 2 years ago. 10/23/2012 09:36 PM -Shawn Gutshall Deputy Sheriff, who being duly sworn according to law, states that on October 23, 2012 at 2136 hours, he attempted to serve a true copy of the within writ of execution, upon the defendant, to wit: Wilfred Salas at 702 Barbara Street, New Cumberland, Cumberland County, Pennsylvania. At that time it was learned from Robert Bumgarner, father of defendant Mandy Salas, that the defendants had moved to Florida 2 years ago. 10/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Per defendant's father, defendants moved to Florida 2 years ago. SHERIFF COST: $116.79 October 24, 2012 SO ANSWERS, ~~ ~~',.Y..-----~- RONI~IS' R ANDERSON. SHERIFF "0F 13 ill"M 19 P r., 1: 9 CUMBERLAND COUNT'S PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PENN WASTE, INC. NO. 12-6315 Civil V. WILFREDO SALAS and MANDY SALAS PRAECIPE TO MARK JUDGMENT SETTLED, SATISIFED AND DISCONTINUED To the Prothonotary: (XX ) Please mark the above captioned judgment settled, satisfied and discontinued. STOCK AND LEADER By- �' /x Jeffre�Bright, Esquire Attorney for Plaintiff Supreme Court No. 307259 Susquehanna Commerce Center East Building, Suite 600 221 West Philadelphia Street York, PA 17401-2994 Phone: (717) 846-9800 Fax: (717) 843-6134 Dated: . 0081059- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PENN WASTE, INC. NO. 12-6315 Civil V. WILFREDO SALAS and MANDY SALAS CERTIFICATE OF SERVICE AND NOW, this # day of �, - l , 2013, I, Jeffrey C. Bright, Esquire, of the law firm of Stock and Leader, attorneys for the Plaintiff, hereby certify that I served the within Praecipe to Mark Judgment Settled, Satisfied and Discontinued this day via electronic delivery or by depositing the same in the United States mail,postage prepaid, in York, Pennsylvania, addressed to: Wilfredo Salas Mandy Salas 702 Barbara Street New Cumberland, PA 17070 STOCK AND LEADER r/ By: Date Jeffrey C-."bright,right, Esquire Supreme Court I.D. #307259 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 0081059-