Loading...
HomeMy WebLinkAbout14-1218 WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 IL/- IoVe John C. Howett, Jr. Writ No. 2014 -CV- 01617 -NT VS. Amount Due: $2,491.50 Eric Desrosiers' cb v3r" co Cam: WRIT OF EXECUTION NOTIC This paper is a writ of Execution. It has been issued because there is a jud lent ag ainst you It may c1_i'}i;e property to be held or taken to pay the judgment You may have legal rights to prevent your properly 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 fonn 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 o 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 !L D�) 33,3 WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P, 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION — LAW John C. Howett, Jr. Writ No. 2014 -CV- 01617 -NT VS. Amount Due: $2,491.50 Eric Desrosiers COSTS 808 Michigan Avenue Plaintiff Paid: $28.25 Lemoyne, PA 17043 Attorney: $3.00 This Writ: $37.75 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs against ERIC DESROSIERS, 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: 808 .Michigan Avenue Lemoyne, PA 17043 Tangible Personal Property 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 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 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, February 28, 2014, Stephen E. Farina, Prothonotary By: Q rn J� Deputy Requesting Party_ John C. Howett, Jr., E squire 130 Walnut Street, PO Box 810 Harrisburg, PA 17108 (717) 234 -2616 AND NOW, Writ Re- Issued Stephen E. Farina, Prothonotary JOHN C. HOWETT, JR., ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) DAUPHIN COUNTY, PENNSYLVANIA V. ) NO. 2014 -CV- 1617 -NT ERIC DESROSIERS, ) Defendant ) 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 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) 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 (Address), (Telephone Number). 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: (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY 1 Courthouse Square Room 303 Carlisle, PA 17013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson u'' THE P pt aTj � ire" Sheriff �yltit ,�l pi t tl rj 1, , :Mc Jody S Smith �' ° �0�it 4��( "Chief DeputyRichard W Stewart � � 0W3: Tf Solicitor oFF Ic=;}F THE SkFFiIFF PENNSYLVANIA John C Howett Case Number vs. Eric John Desrosiers 2014-CV-1617-NT SHERIFF'S RETURN OF SERVICE 05/05/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Despite numerous attempts, defendant moved out prior to the writ being served. It is believed the defendant moved to Florida. Per USPS, mail is still delivered to this address. SHERIFF COST: $181.95 SO ANSWERS, May 05, 2014 RONNY R ANDERSON, SHERIFF • • • • (c)CountySuito Sheriff,Teleosoft.Inc.