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HomeMy WebLinkAbout08-4585N0. C?-ys rSu?V,r-re? COMMONWEALTH OF PENNSYLVANIA rnl IIVTv np:. CU=ERLANDl Mag. Dist. No.: MDJ Name: Hon. 09-2-01 PAULA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rZEC=AN, DIRE 7 520 LONGS GAP ROAD CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS I-Nmm, JO Am ? 26 ROLLING DRIVE CARLISLE, PA 17013 DIRK ZEC 09AN L J 520 LONGS GAP ROAD Docket No.: LT-0000080-08 CARLISLE, PA 17013 Date Filed: 5/12/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Z? Judgment was entered for: (Name) ZECM[M. DIRE Judgment was entered against WARD, JO AM in a ® Landlord/Tenant action in the amount of $ 754.08 on 5/21/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 550 , 00. The total amount of the Security Deposit is $ .00 Total Amount Established bi50 JOLess -Security Deposit Appliie?i_ Rent in Arrears v Physical Damages Leasehold Property $ .00-$ .0 = Damages/Unjust Detention $ -an -$ _ 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 ? This case dismissed without prejudice. Total Judgment ?a Possession granted. ? Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated m 00 650. $ .00 $ _00 $ _00 $ _0o $ 650_00 $ 104_08 $ _ _0o $ 754.08 ? 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. Date , Magisterial District Judge certify at this is a true an core y o the r proc i s co to ng t e judgment. Date , Magisterial District Judge M commission expires first Monday of January, 2012. SEAL Ao?C 31 A.06 ? m . tF? ' V -S, n b ??L DIRK L. ZECHMAN, Plaintiff vs. JO ANN WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Case No. 2008-04585 : CIVIL LAW PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES To the Prothonotary of Said Court: Issue a Notice of Intent to Attach Wages in the above matter against JO ANN WARD, Defendant, against Flying J, employer of the Defendant. V 1 111 6 Date Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 ID # 71786 (717) 258-8558 Fax (717) 258-5289 a ROM REGOBD r? T set m n tl of said rAin at Carp Pa 4-- DIRK L. ZECHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Case No. 2008-04585 JO ANN WARD, CIVIL LAW Defendant NOTICE OF INTENT TO ATTACH WAGES. SALARY OR COMMISSIONS Date of Service of this Notice: (Date to be inserted by Sherift) 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 had 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 services of this notice is 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 are 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 ONE. IF YOU DO NOT HAVE A LAWYER, GOT 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 Telephone: (717) 249-3166 DIRK L. ZECHMAN, Plaintiff vs. JO ANN WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 2008-04585 CIVIL LAW CERTIFICATION BY JUDGMENT CREDITOR/LANDLORD I certify that: 1. The Plaintiff Judgment Creditor is Dirk L. Zechman at 520 Longs Gap Rd., Carlisle, Pennsylvania, 17013; 2. The Defendant Judgment Debtor is Jo Ann Ward at 26 Rolling Drive, Carlisle, Pennsylvania 17013; 3. The Employer garnishee is Flying J Travel Plaza at 1501 Harrisburg Pike, Carlisle, Pennsylvania 17013; 4. The Judgment arises out of a residential lease for the premises at 520-A, Longs Gap Rd., Carlisle, Pennsylvania 17013; 5. (a) The amount of the Judgment is $754.08; (b) A Security Deposit in the amount of $0.00 is being held by the Judgment Creditor/Landlord. This security deposit has been applied to payment of rent due on the same premises for which the Judgment has been entered; (c) The amount of $0.00 has been paid toward satisfaction of the Judgment; (d) The amount of filing fees is $27.25 plus $24.00, $51.25 total; (e) The amount of Sheriff Service fees is $150.00; (f) The legal fees are $450.00; Wherefore, the total amount requested for Wage Attachment is $1,405.33. 6. This Praecipe is filed within five (5) 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. (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. 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. § 4904 relating to unsworn falsification to authorities. ?-F-O Date Dirk L. Zechman andlord a R? Kr??z~? ? ?? fQ?, 00 = ? D SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04585 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ZECHMAN DIRK VS WARD JO ANN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WARD JO ANN but was unable to locate Her in his bailiwick. He therefore returns the NOTICE , NOT FOUND , as to the within named DEFENDANT , WARD JO ANN 26 ROLLING DR CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 Postage .59 g103) o r ` , ,/ 38.59 So answer - R. Thomas line Sheriff of Cumberland County PAUL ORR 00/00/0000 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04585 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZECHMAN DIRK VS WARD JO ANN RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon TA7AVn Tn ANMT the DEFENDANT , at 0930:00 HOURS, on the 5th day of September, 2008 at FLYING J TRAVEL PLAZA 1501 HARRISBURG PIKE CARLISLE, PA 17013 by handing to a true and attested copy of NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge q 210 T, (;" ? Sworn and Subscibed to before me this of So Answers: 18.00 .-? 5.00 _ z .59 10.00 R. Thomas Kline .00 33.59 09/08/2008 PAUL ORR By day Deputy Sheriff A. D. DIRK L. ZECHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008 - 4585 CIVIL TERM JO ANN WARD, Defendant. OBJECTIONS AND EXCEPTIONS TO PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES AND NOW, this I& day of October, 2008, comes the Defendant, JO ANN WARD, by and through her legal counsel, Irwin & McKnight, and respectfully objects and takes exception to the Praecipe for Notice of Intent to Attach Wages filed on behalf of the Plaintiff, and in support avers the following: 1. Jo Ann Ward is the Defendant in this action which arises out of a residential lease with the Plaintiff, Dirk Zechman. 2. Plaintiff obtained a total judgment amount of $754.08 following a hearing before Magisterial District Judge Paula P. Correal, and entered his judgment on or about July 30, 2008. 3. Plaintiff subsequently filed a Praecipe for Notice of Intent to Attach Wages on or about August 13, 2008. 4. In his Notice of Intent to Attach Wages, Plaintiff seeks the original judgment amount plus filing fees of $51.25, Sheriff service fees of $150.00, and legal fees of $450.00, resulting in a total request for wage attachment of $1,405.33. 5. The amount requested for wage attachment is nearly double the amount of the underlying judgment and is patently unfair, onerous, and overreaching. 6. Upon information and belief, Defendant asserts that the actual Sheriff services fees are less than the $150.00 claimed by Plaintiff. 7. Upon information and belief, Defendant also asserts that the actual legal fees of the Plaintiff are less than the amount of $450.00 claimed by him. 8. Furthermore, the statute authorizing wage attachment, namely 42 P.S. § 8127(a)(3.1), permits wage attachment only for "amounts awarded to a judgment creditor- landlord arising out of residential lease upon which the court has rendered judgment which is final." 9. The statute does not explicitly state that wage attachment is also permitted for alleged costs and/or attorney fees. 10. 42 P.S. § 8127(a)(3.2) also provides that the judgment shall "reflect that portion of the judgment which is for physical damages arising out of a residential lease." 11. In the instant matter, no part of the judgment is for physical damages arising out of the residential lease, and Defendant therefore submits that this matter is not open to wage attachment under the above-referenced statute. 12. The Notice of Intent to Attach Wages further provides that the Poverty Income Guidelines provided by the Federal Department of Health and Human Services are attached the document, however, no such guidelines were provided to or served upon the Defendant. 13. Defendant therefore reserves the right to claim further exception on the basis that her income may fall below the referenced Poverty Income Guidelines. 14. Defendant is filing these objections and exceptions beyond the initial time frame per the agreement of Plaintiffs legal counsel on October 3, 2008. 15. Legal counsel for the parties discussed the above issues on October 3, 2008, and it is understood that Plaintiff is not in agreement with the legal assertions made herein. 16. Upon information and belief, no prior Judge has been appointed in this matter or has otherwise made any prior rulings or decisions. 2 WHEREFORE, Defendant, Jo Ann Ward, respectfully requests that this Honorable Court deny, overrule, or vacate the Praecipe for Notice of Intent to Attach Wages filed on behalf of the Plaintiff in this matter. Respectfully Submitted, IRWIN & McKNIGHT r, Dou as Miller, Esquire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Date: October 10, 2008 Attorney for Defendant, Jo Ann Ward 3 VERIFICATION The foregoing document on behalf of the Defendant is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. "AAA- A Dougla . Miller, Esquire Date: October 10, 2008 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below via first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17103 Attorney for Plaintiff Date: October 10, 2008 IRWIN & McKNIGHT r Douglas G. er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant c`: ?? ?::?5 _ ^3 - r°, ;?-? °-- J 1? ?fly } ; ?+ ?? +%. t r .•\''rl? ??? .? t OCT 13 2008 DIRK L. ZECHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008 - 4585 CIVIL TERM JO ANN WARD, Defendant. ORDER AND NOW, this _ day of 2008, upon Petition by Defendant Jo Ann Ward, a Rule to Show Cause why the relief sought and requested in this Petition should be not granted is hereby issued upon: Dirk L. Zechman, c/o Paul Bradford Orr, Esquire, 50 East High Street, Carlisle, PA 17013. Rule returnable- days from date of service. X71' 'Q- "my S3CO-901 t-CI©/ F t iii,f fig ?.. 7 ,3 r ^rf 9 t co ??? 1 Z 130 B?fJ? DIRK L. ZECHMAN, Plaintiff V. JO ANN WARD, Defendant IN THE COURT OF COMMON (PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-4585 CIVIL TERM PLAINTIFF'S RESPONSE TO RULE TO SHOW CAUSE AND NOW, this 5th day of March, 2009, comes the Plaintiff, Dirk L. Zechman, by and through his attorney, Paul Bradford Orr, Esquire, and files the within Reply to Rule to Show Cause as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. To the contrary, Plaintiff is entitled to the original 'amount of the Judgment, plus interest and costs dating from July 30, 2008. Plaintiff incurred additional Costs of filing fees of $551.21; Sheriff Service fees of $72.18; and Legal fees now exceeding $450.00, due to the deleterious manner in which Defendant has employed in avoiding this Lawful Judgment. 6. Admitted. By way of further explanation, the Sheriffs Department requires a deposit of $100.00 for their services. Plaintiff paid $100.00 to the Sheriff's Department on August 11, 2008; and another $100.00 on August 29, 2008, for a total of $200.00. This was due to the Defendant not making herself available for service. Fortunately, Plaintiff was refunded $61.41 on August 25, 2009, and Plaintiff was also refunded $66.41 on September 9, 2008, resulting in an actual Sheriff service fee of $72.18. 7. Denied. To the contrary, Plaintiff was charged a flat legal fee of $300.00 to file the initial Attachment of Wages. Further, an additional $300.00 was charged for services rendered in providing ongoing negotiations, which have stalled, and for filing this Response. That totals $600.00 in legal fees to date. 8. Denied. This is a conclusion of law of which no response is required. 9. Admitted in Part. Denied in Part. While the Statute does not explicitly allow cost and attorney fees, the spirit of the Judgment awarded to Plaintiff and the failure of Defendant to satisfy that Judgment, thus requiring this additional legal action, should allow Plaintiff to recover additional costs and legal fees in pursuing said Judgment. 10. Denied. This is a conclusion of law of which no response is required. 11. Denied. This is a conclusion of law of which no response is required. 12. Admitted. However, by way of further answer, Plaintiff interpreted that said Federal Department of Health and Human Services Notice was to be attached by the Prothonotary's Office. For the Defendant's review, please find Attached and Marked as Plaintiffs Exhibit "A", said Notice. 13. Denied. This is a conclusion of law of which no response is required. 14. Admitted. By way of further answer, negotiations between the parties have no stalled and Plaintiff files this Response beyond the initial time frame, per the parties agreement dating back to October 3, 2008. 15. Admitted. 16. Admitted. By way of further answer, the Honorable J. Wesley Oler, Jr., did issue a Rule to Show Cause on October 17, 2008. WHEREFORE, the Plaintiff, Dirk L. Zechman, respectfully requests this Honorable Court to grant the previous Praecipe for Notice of Intent to Attach Wages as soon as possible in order for Satisfaction of Judgment to take place. Su L -10 Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Supreme Court ID # 71786 U Wo z a W a z 0 aQ Y Q ? W a W " O IL C-O G W Q 0 H O co N Q C/) J J z Q E E co 0 m U m m O M EA m N E 0 E co c m LD 0 0 'c J `0 LL U) z_ J LLJ 0 J F - z 2 A ) co 0 N M N m 0 C m n c 0 c V N W a? L C N L N O a W U) W m C7 c_ CL r- 4) it :3 rn U a D E c ao V? Q W o Z ¢ WQ Z V Q¢ Y Q ? W a O x w CL co w H C:j Cn N w J 0 D J z Q .00 E O Leo ca N O cli v o t0 m d E m E co C CO O E 6N S 'c 21 O LL. w z J 0 J F - z 2 to N O D ? N C O L n N N e t I n 1 ? O O N s F CO L 6 4 C li C V C V r 0 l[) M r O) ?t n M r CV M M lL AC OC C)I - O MI ? O MI ? O M O MC p O MC O O M 60 0 T-: 6C 6 r 6C 6 O N 0r - Km N C O co ? O( O N O r r N M CM ,4 4 0 w M r C) O CO M r (O NI *- CM 0) r f*- Of CO ? N N ?I LC) - CV LA CA N Ln O CD CN Cf) A Ln r 1? v N CV M M et {() LC) CO CV 0) ) N V) CO co lo: co N f? N f- r CO O CA LO cq Clt ? Cf) CO M ? CV N cM M ?' tt ? LC) LO to LC) LC) L[)'.. U) Lo I? N r* .: N f? N P I: N C R p 2 O ??CC N U C OND ? p N 1,. N O 4' C r C O' r r CV CV M M q t loo M cn r 000 CO 00 M MI r i 00 co M co T- O O r t ? N M C 7 tto c D ' R C O N (D O d f? r N CV CV M M It M (D co O r (Y) C 7 CC i cg C M N M 2 0 T- tn 0 N co ' co CO r e- r CV N CV M C) O o o o o a o 0 0 0 0 0 c o M t, r LA CA r? r pppp U) M O I? N O O et co N LA M ?l ?= r r N N N M M a ti M O P- O r- LC) r OD Ln r 11? r N ? N Q ? N } 8 e - C CO N Lq R ? ? T= CV CW CN M r N M -it tn Co t- W O 0 N M N ftf 7 C t0 C O w N .O O a? r L CO O a W U) W m Cl w C7 c = CO Q 5 Q tT N U o E 7 O CO ao DIRK L. ZECHMAN, . Plaintiff V. JO ANN WARD, Defendant IN THE COURT OF COMMON ';PLEAS OF CUMBERLAND COUNTY, PE14NSYLVANIA NO.: 20084585 CIVIL TERM ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion to Modify Sentence are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date. 315101 LAW OFFICES OF PAUL By: FORD ORR Vi 6 , Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Supreme Court ID#'71786 DIRK L. ZECHMAN, Plaintiff V. JO ANN WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-4585 CIVIL TERM CERTIFICATE OF SERVICE I, Paul Bradford Orr, Esquire, do hereby certify that I have served a true and correct copy pf the foregoing document upon the persons indicated below via first class United States mail, postage paid as follows: Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Defendant Date: 3 5(09 vi 6 Paul Bradford Orr, Esquire uM1Y.. cJn Olt DIRK L. ZECHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JO ANN WARD, Defendant NO. 08-4585 CIVIL TERM ORDER OF COURT AND NOW, this 12'' day of March, 2009, upon consideration of Defendant's Objections and Exceptions to Praecipe for Notice of Intent to Attach Wages and of Plaintiff s Response to Rule To Show Cause, a hearing is scheduled for Wednesday, May 13, 2009, at 10:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc Co 1'?S rna Lc-L 3 l3?oq C-0 C7% DIRK L. ZECHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JO ANN WARD, : Defendant NO. 08-4585 CIVIL TERM IN RE: DEFENDANT'S OBJECTIONS TO NOTICE OF INTENT TO ATTACH WAGES BEFORE OLER, J. ORDER OF COURT AND NOW, this 13th day of May, 2009, upon consideration of Plaintiff's Praecipe for Notice of Intent To Attach Wages, Defendant's Objections and Exceptions to Praecipe for Notice of Intent to Attach Wages, and Plaintiff's Response to Rule To Show Cause, and following a hearing held on May 13, 2009, at which it appeared that Defendant's income is presently below the federal poverty level for purposes of the present matter, Plaintiff's request for attachment of Defendant's wages is denied at the present time, without prejudice to Plaintiff's right to motion for a further hearing on the issue at such time as he believes Defendant's wages are again in excess of that level. Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff ,/llouglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc CoP?ES.na??, BY THE COURT, ry i f iWesley Okr r., J. J x p+.!"! .(}/may{?f1 .? ?i i o=! 5001 Ij- DIRK L JO ANN HMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Case No. 2008-04585 ID, : CIVIL LAW Defendant PRAEC TO THE OTARY: mark the above captioned matte DATE 51?R r at f a d Discc L Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney ID: 71786 CF THE 0 AY 2D of IC: } FEN' 1.ir DIRK L. ZECHMAN, Plaintiff v JO ANN WARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-4585 CIVIL TERM IN RE: MATTER TAKEN UNDER ADVISEMENT ORDER OF COURT AND NOW, this 13th day of May, 2009, upon consideration of the Precipe for Wages, Defendant's Objections and Notice of Intent To Attach Wages, Rule To Show Cause, and following the record is declared closed and advisement. $a?ul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For Plaintiff Notice of Intent To Attach Exceptions to Praecipe for and Plaintiff's Response to a hearing held on this date, the matter is taken under By the Court, /6ouglas G. Miller, Esquire West Pomfret Building 60 West Pomfret Street Carlisle, PA 17013 For Defendant .0 :mae ?.? AI ?01 lo--o L. C • 2 HV LZ 0 PW 6€ OZ