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Home My WebLink About07-7565COMMONWEALTH OF PENNSYLVANIA COUNTY OF: L'UKBZRLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-05 HARE MARTIN Address: 507 N YOBS ST MECHANICSBURG, Telephone: (717 ) 766-4575 17055 _?L .0 7. 7,5'G S- C',c. - -T NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS I YY=TZZR, RODNEY 243 YOBS BD HOOEE & YENTZER ENT LCABLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS rASHBY, VINCENT -71 62 NEST MAIN ST APT/STE 4 MECHANICSBURG, PA 17055 RODNEY YZNTZEB L J 243 YOBS BD Docket No.: LT-0000342-07 HOOTE to YENTZEB ENT Date Filed: 9/26/07 CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: ® Judgment: FOR PLAINTIFF Judgment was entered for: (Name) YENTZER, RODNEY Judgment was entered against ASHBY, VINCENT in a ® Landlord/Tenant action in the amount of $ 2,688.00 on 10/11/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 565.00. The total amount of the Security Deposit is $ 565.00 Total Amount Established by MDJ Less • Security Deposit Applie? _ Rent in Arrears $ 2, 559.00-$ . 0 = Physical Damages Leasehold Property $ .00- .00= Damages/Unjust Detention $ -00-1 _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ 42 Pa.C.S. § 8127 ? This case dismissed without prejudice. ? Possession granted. ? Possession granted if money judgment ® Possession not granted. Judgment Costs Attorney Fees Total Judgment $ Adjudicated Amount 2 $ .00 $ _00 $ _00 $ _an $ 2_559_00 $ 129.00 $ _00 $ 2,688.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0 1 O? Date , Magisterial District Judge c I y t a t Is is a rue an correct copy o the reco o the procee Ings containing the ju gment. 'O -7Date id k Magisterial District Judge ommission expires first Monday of January, 012 • SEAL o c C 31 5A.06 PA f, s F t n C' CIO d J 0 a.a C= pp rn czl cx? tJ't ? ? r A-?, William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF vs. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 2007-7565 PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE AND NOW, comes the Plaintiff, Rodney Yentzer, by and through his attorney, William A. Duncan, and hereby moves this Honorable Court to issue a Rule to Show Cause as to why relief in the instant Petition should not be granted upon the Defendant, Vincent Ashby and the Defendant's employer, Greenway Industries, Inc., located at 840 West Church Road, Mechanicsburg, PA 17055, and in support thereof avers as follows: 1. This matter arises out of a dispute concerning a Residential Lease. 2. Judgment was entered against the Defendant by District Justice, Magisterial District 09-3-05 on October 11, 2007. A copy of the District Justice judgment is attached hereto as Exhibit "A". 3. Judgment was filed in this Court on December 18, 2007 to the above captioned term and number. 4. Defendant is currently employed at Greenway Industries, Inc., located at 840 West Church Road, Mechanicsburg, PA 17055. 5. Pursuant to 42 Pa. C.S.A. section 8127, Plaintiff is entitled to garnish 10% of the net wages per pay period of Defendant, the judgment debtor-tenant. 6. Plaintiff requests that this Court issue an Order attaching the wages of the Defendant to satisfy the judgment, as permitted by 42 Pa. C.S.A. section 8127. 7. A copy of the proposed Rule to Show Cause and a copy of the proposed Attachment Order are attached hereto. 8. This case has not been before any of the Judges of the said Court. Wherefore, Plaintiff requests that this Honorable Court issue the proposed Rule to Show Cause against the Defendant Vincent Ashby and the Defendant' employer Greenway Industries, Inc., located at 840 West Church Road, Mechanicsburg, PA 17055. Respectfully submitted, i iam A. uncan Attorney I.D. 22080 1 Irvine Row Carlisle, PA 17013 717-249-7780 VERIFICATION I verify that the statements made in the foregoing Petition are true and 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: Ro ney Yentzer N ca Ch% William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF vs. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2007-7565 CERTIFICATE OF SERVICE AND NOW, this a3 r4 day of July, 2008, the undersigned does hereby certify that he did, on this date serve a true and correct copy of Petition for a Rule to Show Cause in the above captioned matter upon Defendant by regular mail to the below address: Vincent Ashby 26 N. Orange Street Carlisle, PA 17013 Greenway Industries, Inc. 840 West Church Road Mechanicsburg, PA 17055 i I AA Wi iam A. uncan 1 Irvine Row Carlisle, PA 17013 L- - 73 4? 72 C'Z Y`i ¢ 1- 7 ` ^"sca ?4 . ...s William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF vs. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff JUL 2 4 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION NO. 2007-7565 RULE TO [OW CAUSE UZ4A AND NOW, this 7 day of J , 2008, upon consideration of the foregoing Petition For a Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue, it is hereby Ordered and Decreed as follows: 1. A Rule is issued upon the Defendant, Vincent Ashby, and the Defendant's employer, Greenway Industries, Inc., located at 840 West Church Road, Mechanicsburg, PA 17055 to show cause why the Petitioner is not entitled to the relief requested. 2. The Defendant shall answer to the Petition within 20 days of service by regular mail. 3. Notice of entry of this Order shall be provided to all parties and to the current employer of the Defendant, Greenway Industries, Inc., located at 840 West Church Road, Mechanicsburg, PA 17055 . P T S...l ; -: ..x -- c A :.a, William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF VS. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2007-7565 PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, RODNEY YENTZER, by and through his attorney, William A. Duncan, and hereby moves this Honorable Court to make the Rule to Show Cause issued by this Court Absolute and in support thereof avers as follows: 1. A Rule to Show Cause in the above-captioned matter was issued by this Court on July 25, 2008 upon Defendant, VINCENT ASHBY and Defendant's employer, Greenway Industries, Inc.. 2. Defendant and Defendant's employer were given twenty (20) days in which to respond. 3. All parties were provided with notice of the entry of the Rule to Show Cause. A copy of the Certificate of Service showing that the copies were mailed on September 5, 2008 is attached hereto. 4. Twenty days have passed and no response has been filed. .dip WHEREFORE, Plaintiff requests that this Honorable Court issue an Attachment Order upon Defendant VINCENT ASHBY and Defendant's employer, Greenway Industries, Inc Respectfully submitted, William A. Duncan Attorney I.D. 22080 1 Irvine Row Carlisle, PA 17013 717-249-7780 November 3, 2008 r 1 11 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF VS. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : NO. 2007-7565 CERTIFICATE OF SERVICE AND NOW, this 5`h day of September, 2008, the undersigned does hereby certify that he did, on this date serve a true and correct copy of a Rule to Show Cause in the above captioned matter upon Defendant and his employer by regular mail to the below address: Vincent Ashby 26 N. Orange Street Carlisle, PA 17013 Greenway Industries, Inc. 840 West Church Road Mechanicsburg, PA 17055 Will A. Duncan 1 Irvine Row Carlisle, PA 17013 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF vs. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 07- 7666 N0.?669=9`564 AMENDMENT TO PETITION TO MAKE RULE ABSOLUTE 1. President Judge Edgar B. Bayley issued the Rule to Show Cause in this matter. 2. No appearance has been made by opposing counsel. By: UfioA,,??? William A. Duncan, Esquire a • NOV 0 4 20086, William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF VS. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 2007-7565 ATTACHMENT ORDER AND NOW, this 12- Day of , 2008, upon consideration of the foregoing Petition For a Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue, no response being filed by the Defendant VINCENT ASHBY, it is hereby ORDERED and DECREED as follows: 1. The Defendant's current employer, Greenway Industries, Inc., located at 840 West Church Road, Mechanicsburg, PA 17055, and all subsequent employers of the Defendant are hereby ORDERED to garnish the wages of the Defendant in the amount of 10% of her net wages per pay period until the judgment in this matter is marked satisfied. 2. The Defendant's current employer, Greenway Industries, Inc., and all subsequent employers of the Defendant are hereby ORDERED to send checks, for each pay period of the Defendant, in the amount specified in paragraph I above, and made payable to Plaintiff, to the Office of the Prothonotary who will then record the amount paid in the docket of this matter and then forward the checks to Plaintiff, RODNEY YENTZER, 243 York Road, Carlisle, PA 17013 dJ h t N 4 V -- v uj Ca 7 . W ' C%j J N William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF vs. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 2007-7565 Praecipe for Notice of Intent to Attach Wages To The Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter (1) against Vincent Ashby, defendant (2) against Greenray Industries, Inc., employer of the defendant. Dated: December 19 , 2008 \?kN William A. Duncan, Esquire Attorney for Judgment Creditor- Landlord I Irvine Row, Carlisle, PA 17013 717-249-7780 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF vs. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 2007-7565 Certification by Judgment Creditor-Landlord I certify that 1. The plaintiff judgment-creditor is Rodney Yentzer, 243 York Road, Carlisle, PA 17013 2. The defendant judgment-debtor is Vincent Ashby, 26 N. Orange Street, Carlisle, PA 17013 3. The employer garnishee is Greenray Industries, Inc., 840 West Church Road, Mechanicsburg, PA 17055. 4. The judgment arises out of a residential lease for the premises at 62 West Main Street, Apt. 4, Mechanicsburg, PA 17055. 5. (a) The amount of the judgment is $2,688.00. (b) A security deposit in the amount of $565.00 was held by the judgment creditor-landlord. $500.00 was attributed towards repairs on the bathroom sink. $65.00 was returned to the judgment debtor-tenant along with a letter describing the repairs and cost. (c) No money has been paid toward satisfaction of the judgment. 6. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered in an action brought before a magisterial district judge. 8. Check the appropriate paragraph and attach the required documents: (a) If the judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et seq.) before a magisterial district judge, a copy of the complaint filed with the magisterial district judge is • attached to this Notice, showing that the action arose from a residential lease. (b) If the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et seq.) before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the defendant. (c) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila. M.C.R.Civ. P.No. I I I(A) or (D), a copy of the complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease. (d) If the judgment was entered in an action in the Philadelphia Municipal Courtin which the defendant was served pursuant to Phila. M.C.R.Civ.P. No. I I I (B), copies of the appropriate Philadelphia Municipal Court records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and 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: v / Judgment Creditor-Landlord t'2-C o 7177662228 LANDLORD AND C®MM014WEAt_T-H OF PENiraSliLVANtA TENANT COMPL.AW1 NAND slid ADDR?` BE LA - -- - -- c>ou+i of Pt-A11iTU=F'. _- _ lMo.stnct!rumdxr' 1 ?.?C„Pf} ,??? 09.3 n5 f - ire- i. MD.1 Ala,M•. NOS.. U '?C/ ?? ~ __._' MA.PK W- MAR'"" 50r NORTFt YORK STREET MECIIIANICSSURG, PA 17055 S vS I eiepr,one (717)766 4575 DEFENDANT: NAME and ADDRESS P,mou t,. Date °aid r' rr AsAi ?? - - - --- -.._ ?. - - Uf ^e e LPostage$ t r i - .? _ 62 I Service Costs ' S?'(] Gonstaele r=d W 'V LTotal Pa.R.C.P.D.J. No. 206 sets forth those c?osts recoverable by Docket No the prevailing party. I Date Filed: Ii *-.-_D THE C`EFEhlDAi The above named plaintIf (sj asks judgment lugether with costs against you fo- the possession of real property and -of, ' Lease is Residential ? Ncnres+dential. Damages for in,,,ry to the real property, to vnt c Carriages for tre _injust detention of the real property in the amount of $ -i Rent remaining due and unpaid on filing date in the amount of And additional rent remaining due and unpaid on hearing date Attorney fees in the amount of $ v Total: $ THE PLAINTIFF FURTrtERALL.EGES THAT: A The ,ovation arid address, it any, of the real prcperty s 6 2 W ?gy^" [ c Pin 2. The plaintiff is the landlord of that property. t JI j :?. He "ea or rented the prcpwty to you o- to ` f 'cc S ? uncer ,/nom yDU cla,rr+ 17. Ell" Nobce to quit was given in accordance voth law, or No notice is required under the terms of lne lease. 5. The term for which me property was leased or rented is fu ly girded, or y A for`erture has rnsulted by reason of a breach of the conditions of the lease, to wit: C FZant reserveu and due has, upon derr,and, remained unsatisfied. 5. You retain the,real property andy wt refuse tc give up its possession. o i ?o il ,I, `? f ?/?`L // verify that the facts set forth in this ccrnptaint are true and correc:t ru best of my knowledge. intormaton and belief, This statement is made su Ieei t0 the penalties of Section 4904 of the C,i a (18 PA. C.S. § 4i.,04, 'tefatnly^ 'O trnsworn falsification to authorities. I I - ?____. ,Signafur? c P? n? nr r 1( ' (Plaintitfis Attorney] (Addressi `- '- 'one; IF YOU HAVE A DEFENSE to this complaint you may present it at the heanng. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupar'ras of t-e prerrises, which is in the magisterial district judge jurisdiction and which you intend to assert at trite hearing, YOU MUST FILE it er a cc mp!a rol w11• at this oftrce BEFORE THE T'N IE set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs.. and fcr damages and rent if claimi may nevertheless be entered against you. A judgment against you for possession may result it your EVICTION fro-ri !nC prernises. If you are disabled and require a reasonable accommodation W gain access to the Magisterial District Court and its services, please contaci th c (_Ma_Qisterial District Court at the above address or telephone number. We are unable to provide transportation. Femai ks en,i Summary of Ti M_iy re Rec. ,read a, Re?er>e S de AOPC 310A-05 COMMONWEALTH OF PENNSYLVANIA ant 1PITv r)F• CUMSZBIJkND Mag. Dist. No.: MDJ Name: Hon. 09-3-05 !LARK MARTIN Address: 507 N YOBS ST MECHANICSBURG, Telephone: (717 ) 766-4575 PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rY- =TZZR, RODNEY 243 YORK BD HOOKS A YEWZZR ZNT SABLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS 5 SHBY, VINCENT 62 BEST MAIN ST APT/STZ 4 MECHANICSBURG, PA 17055 VINCENT ASHBY L_ J 62 HEST (LAIN ST APT/STS 4 Docket No.: LT-0000342-07 MECHANICSBURG, PA 17055 Date Filed: 9/26/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) YENTZZR, RODNEY Judgment was entered against ASHBY, VINCENT in a ® Landlord/Tenant action in the amount of $ 2, 688.00 on 10/11107 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 565.00. The total amount of the Security Deposit is $ 565.00 Total Amount Establishedd by MpJ ess Security Deposit Applie= Rent in Arrears $ a • 559.0 - $ .08= Physical Damages Leasehold Property .00- .00= Damages/Unjust Detention _ 00 - 1 _00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees F] This case dismissed without prejudice. Possession granted. Possession granted if money judgment Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicate 5590 nt $ 2 $ .00 $ _oo $ _00 $ _00 $ 2,SS9_00 $ 129-00 $ _no $ 2,688.00 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /) 11 D 7 Date certl y that t is is a Ti Date District District a 'K William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF VS. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : NO. 2007-7565 NOTICE OF INTENT TO ATTACH WAGES SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by the Sheriff) A Judgment has been entered against you in court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines - Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice se set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you an abused person or victim as set forth in Section 8127(f) of the judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LWYER, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines for 2008 Pennsylvania Rule of Civil Procedure 3302(b) governs the attachment of wages, salary and commissions under Section 8127(a)(3.1) of the Judicial Code. The rule requires the prothonotary to attach to the Notice of Intent to Attach Wages "the most recent poverty income guidelines issued by the Federal Department of Health and Human Services as they appear on the web site of the Civil Procedural Rules Committee." The guidelines for 2008 are set forth in the following chart: 2008 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit Poverty Guideline Monthly Amount 1 $866.66 2 1,166.66 3 1,466.66 4 1,766.66 5 2,066.66 6 2,366.66 7 2,666.66 8 2,966.66 For each additional person, add 300.00 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF VS. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : NO. 2007-7565 CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. To the Prothonotary: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have dependents. My net monthly income is $ (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal state and local income taxes, (3) FICA payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I understand that flse 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 shall be delivered to: Office of the Prothotary Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Telephone 717-240-6195 ?? •:?? ?,? - ,? ~h'` ?.. ?y? ,?. ?"? c...? ?? _? E _..? K-° t r ? ,? e1 ?m? -, ._ f .7 ?;,} SHERIFF'S RETURN - REGULAR CASE NO: 2007-07565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YENTZER RODNEY VS ASHBY VINCENT NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon ASHBY VINCENT the DEFENDANT at 2135:00 HOURS, on the 29th day of December , 2008 at 26 N ORANGE STREET CARLISLE, PA 17013 by handing to VINCENT ASHBY a true and attested copy of NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.50 Postage 42 Surcharge 10.00 .00 - 32.92 Sworn and Subscibed to before me this __ day of So Answers: R. Thomas Kline 12/30/2008 DUNCAN & HARTMAN ?--?, /-- By: Dm eputy Sheriff ' A. D. f.. ^'b7 1 C_% ?..-? r,.? William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 RODNEY YENTZER, PLAINTIFF VS. VINCENT ASHBY, DEFENDANT Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION NO. 2007-7565 PRAECIPE To the Prothonotary: The Defendant having failed to timely file a claim for exemption of wages from attachment in the above-captioned matter, please issue a writ for the attachment of wages pursuant to Rule 3304. V`M1lo?;ec; 6ceev, cry ?Y.?ks-t?; cs ,ham, 43gD West Cb,?s??, r x?c! illiam A. uncan, Esquire Attorney for Judgment Creditor- Landlord 1 Irvine Row, Carlisle, PA 17013 717-249-7780 Dated: January 30, 2009 CJ _ Ql? I y RODNEY YENTZER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION VINCENT ASHBY, No. 07-7565 -Civil Term Employee TO: GREENRAY INDUSTRIES, INC. 840 WEST CHURCH ROAD MECHANICSBURG, PA 17055 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $2,688.00 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: RODNEY YENTZER within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: VINCENT ASHBY 62 WEST MAIN STREET MECHANICSBURG, PA 17055 Any questions should be directed to the Plaintiff-Creditor: WILLIAM A. DUNCAN, 1 IRVINE ROW, CAR) SLE, A 17013, 7 7-249-7780 Date: 02/02/2009 C s R. Lon onotary Costs: $ 84.17 $ 2.00 DUE CO. By Deputy: c - .. ? y4 `. r?3. ? ? `w t... You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: v. Defendant Date: I have received a Writ of Attachment in the following case: Plaintiff No of Year The following person, Or is no longer and employee (_) has never been (_) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy (Seal of the Court)