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HomeMy WebLinkAbout01-5325COURT OF COMMON PLEAS OF FRANKLIN cOUNTY CIVIL DIVISION Page 1 of 5 Plaintiff (s) FR3INK RICHARD DMD (rs) Defendant ( s ) MIDDAUGH WILLIAM Case No: 2001-02440 WRIT OF EXECUTION NOTICE 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 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. 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 the 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 WHERE YOU CAN GET LEGAL HELP. PA BAR ASSOCIATION LAWYER REFERRAL SERVICE 1-800-692-7375 (PA ONLY) 717-238-6715 %0Attest~ A TRUE COPY COURT OF COMMON PLEAS OF FPJtNKLIN COUNTY CIVIL DIVISION Page 2 of 5 RICHARD FRANK DMD (vs) WILLIAM MIDDAUGH Case No: 2001-02440 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of FRANKLIN To the Sheriff of CUMBERLAMD COUNTY To satisfy the judgment, interest, attorney's commission and costs against: MIDDAUGH WILLIAM (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(s) not levied upon in the possession of as Garnishee(s). (Specifically describe Property) A_NY A_ND ALL PERSONAL PROPERTY INCLUDING AUTOMOBILES AMD JEWELRY. RICHARD Case No: 2001-02440 and to notify the Garnishee(s) that (a) An attachment has been issued. (b) The garnishee(s) is enjoined from paying any debt to or the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof. (c) If property of the defendant(s) not levied upon and subject to attachment is found in possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Debt ............. Interest ........... Attorney's Commission .... Filing Fee .......... Costs ............ Attorney * Pd ........ Sheriff ........... Writ ............. Satisfaction ......... 378.50 .00 .00 19.25 134.25 .00 .00 15.00 .00 Linda L. Beard Prothonotary 7/ 6/2001 Date Sealed Attorney for Plaintiff: MACINTYRE ROBERT B MACINTYRE & MACINTYRE' P O BOX 6656 HARRISBURG, PA 17112 COURT OF COMMON PLEAS OF FRANKLIN COUNTY CIVIL DIVISION RICHARD FRANK DMD (vs) WILLIAM MIDDAUGH Case No: 2001-02440 Page 4 of 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 to (i) __ set aside in kind (specify property to be set aside in kind); (b) (ii) __ paid in cash following the sale of the property levied upon; or I claim the following exemption (specify property and basis for 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 kind (specify property): in cash (b) Social Security benefits on deposit in the amount of: (c) Other (specify amount and basis of exemption): MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDER3IL LAW 2 3 4 5 6 7 8 $300 statutory exemption Bibles, school books, sewing machines, uniforms and equipment Most wages and unemployment compensation Social Security benefits Certain retirement funds and accounts Certain veteran and armed forces benefits Certain insurance proceeds Such other exemptions as may be provided by law COURT OF COMMON PLEAS OF FP~ANKLIN COUNTY CIVIL DIVISION RICHARD FRANK DMD (vs) WILLIAM MIDDAUGH Case No: 2001-02440 Page 5 of 5 I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at: 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. 4909 relating to unsworn falsification to authorities. Date (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERI2LND COUNTY CUMBERLAND COUNTY SHERIFF'S DEPARTMENT CARLISLE PENNSYLVANIA COURT OF COMMON PLEAS OF FR3tNKLIN COUNTY CIVIL DIVISION ~. 0/-3~ ~ Page 1 of 5 Plaintiff(s) FRANK RICHARD DMD (vs) Defendant(s) MIDDAUGH WILLIAM Case No: 2001-02440 WRIT OF EXECUTION NOTICE 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 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. 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 the 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 WHERE YOU CAN GET LEGAL HELP. PA BAR ASSOCIATION LAWYER REFERRAL SERVICE 1-800-692-7375 (PA ONLY) 717-238-6715 LINDA L. BEARD, PROTHONOTARY COURT OF COMMON PLEAS OF FRANKLIN COUNTY CIVIL DIVISION RICHARD FRANK DMD (rs) WILLIAM MtDDAUGH Case No: 2001-02440 Page 2 of WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of FRANKLIN To the Sheriff of CUMBERLAND COUNTY To satisfy the judgment, interest, against: MIDDAUGH WILLIAM attorney,s commission and costs 5 (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(s) not levied upon in the possession of as Garnishee(s). ~(Specifically describe Property) ANY AND ALL PERSONAL PROPERTY INCLUDING AUTOMOBILES AND JEWELRY. COURT OF COMMON PLEAS OF FRANKLIN COUNTY CIVIL DIVISION Page RICHARD FRANK DMD (vs) WILLIAM MIDDAUGH Case No: 2001-02440 and to notify the Garnishee(s) that (a) An a~ttachment has been issued. (b) The garnishee(s) is enjoined from paying any debt to or the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof. (c) If property of the defendant(s) not levied upon and subject to attachment is found in possession of anyone other ~han the named garnish~e(~), Vou are directed to notify him that he has been added as a garnishee and is enjoined as above stated. 3 of 5 Debt ............. Interest ........... Attorney's Commission .... Filing Fee .......... Costs ............ Attorney * Pd ........ Sheriff ........... Writ ............. Satisfaction ......... 378.50 .00 .00 19.25 134.25 .00 .00 15.00 .00 ~.~ Linda L. Beard Prothonotary 7/26/2001 Date Sealed Attorney for Plaintiff: MACINTYRE ROBERT B MACINTYRE & MACINTYRE P O BOX 6656 HARRISBURG, PA 17112 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 1.97 Advertising Law Library Prothonotary 20.00 Mileage 15~000 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee Advance Costs: Sheriff's Costs: Refunded to Atty on 150.00 10/30/01 Sworn and Subscribed to before me this y~w day of ~ 2001 A.D. ~~.fl~- So Answers; R. Thomas Kline, Sheriff