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Home My WebLink About04-1461 DAVID B. DOWLING and MAR:LY';;D;:;W%J:G # IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW TERRY P. McKINNON NO. OLj - /1..Jt.1 Ciu~l'-r~ v. Defendant PRAECIPE TO TRANSFER JUDGMENT To the Prothonotary: Please transfer the judgment entered in the case of David B. Dowling and Mar"]'~ 40 Ii- hl<; ..1;"5; In the Court of Common Pleas of Dauphin County, Civil Action, No. 2003-NT -2972 in the amount of $5,624.00 to Cumberland County pursuant to 42 Pa. C.S.A. 94305, the exemplified copy of the record attached hereto at Exhibit "A". RHOADS & SINON LLP By: . avid B. Dowling Attorney LD. No. 25452 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-573 I Attorneys for Plaintiff Dated: April 1, 2004 509565.1 EXHIBIT 'A' 1I'n ~be ~ourt of ~ommon i!leas of 11Baupbtn ~ountp, i!ennsplbanta David B Dowling No. 2003-NT-2972- VS. Terry P McKinnon CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court ofComffion Pleas of Dauphin County, Pennsylvania, do hereby certifY that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certifY that judgment was entered in favor of Plaintiff, David B Dowling and against Defendant, Terry P McKinnon on December 16, 2003 in said case in the amount of $5,624.00 31n m:estimonl' Wbereof. I have hereunto set my hand and affixed the seal of the Court, on Thursday, April 01, 2004. ~:Jif/).'~(! ~ Prothonot By:~ qcQ'A, Deputy / d/Y' JUDGMENT $5.624.00 I nterest from October 18, 2003 Attorney Due $3.00 Plaintiff Paid $21.00 Prothy. Due $8.75 This record $17.50 Date: 4/1/2004 Time: 08:52 AM Page 1 of 2 Dauphin County Complete Case History 2003-NT -2972- David B Dowling vs. Terry P Mckinnon Filed: 12/16/2003 Physical File: Appealed: N Comment: Judge History Date 12/16/2003 Judge No Judge, Reason for Removal Current Payments Dowling, David 8 (plaintiff) Receipt 47783 Date 12/16/2003 Type Civil Filing Total Plaintiff Name: Address: Dowling, David 8 2132 Sycamore Dr Harrisburg Home: SSN: D08: Sex: PA 17112 Work: Phone: Employer: Party Type: Comment: Attorneys Dowling, David Defendant Name: Address: Send notices: Y (Primary attorney) Send Notices Mckinnon, Terry P 801 Sycamore SI. Camp Hill Home: SSN: 008: Sex: PA Work: 17011 Phone: Employer: Party Type: Comment: Register of Actions 12/16/2003 New Civil Case Filed This Date. Plaintiff: Dowling, David 8 Attorney of Record: David Dowling Filing: Judgment - OJ Paid by: Dowling, David 8 (plaintiff) Receipt number: 0047783 Dated: 12/16/2003 Amount: $21.00 (Check) Transcript of Judgment from the Docket of George A. lozos, District Justice 10/18/03. Judgment for $5,624.00 Entered At 2:01 PM Stephen E. Farina, Prothonotary District Justice Costs $124.00 included in amount 1/20/2004 Petition to attach wages pursuant to 42 Pa. C.S.A. 8127(a)(3.1)(3.2), (c), (t), (h), filed Send notices: Y No Judge, No Judge, No Judge, No Judge, No Judge, User: ASNYDER Amount 21.00 21.00 . Date: 4/1/2004 Time: 08:52 AM Page 2 of 2 User: ASNYDER Dauphin County Complete Case History 2003-NT -2972- David B Dowling vs. Terry P Mckinnon Register of Actions 1/21/2004 Upon presentation and consideration of Plaintiff's Petition to Attach Wages Pursuant to 42 Pa. C.SA 8127, this Court grants a Rule on Defendant to show cause, if any there be, why the relief requested by Plaintiff should not be granted. RULE RETURNABLE twenty (20) days of service at last known address and place of employment. See RULE TO SHOW CAUSE filed. Petition for Rule Absolute, filed It is hereby ORDERED and DECREED that the Rule be Made Absolute and the Order alllowing for Attachment of wages should not be GRANTED. see Order filed. 1 of 1 In Favor Of Disposition Plaintiff Open Dowling, David B Mckinnon, Terry P 2/13/2004 2/18/2004 Judgment Order date 12/16/2003 Plaintiff: Defendant: I hereby certify that the foregoing is a true an correct copy y,f th,Jl,original filed. ~^ f,,' ~AA~ Prothonotary/Clerk of Courts Bratton, Bruce F. No Judge, Bratton, Bruce F. Disposition Date Judgment 12/16/2003 DJ Judgment Amount 5624.00 CERTIFICATE OF SERVICE I hereby certifY that on this ~ day of Apri], 2004, a true and correct copy of the foregoing "Praecipe to Transfer Judgment" as served by means of United States mail, first class, postage prepaid, upon the following: Mr. Terry P. McKinnon 1395 Letchworth Road Camp Hill, PA 170]] d/?y-IIM p -(Q. t ~ ~ ~ - 0 ~ - ~ 0 r ~!:::-0 ~ b r ~'" $ r--.) ,_, :::j ~ ..;:- __1 ~.~ :.r:....,., .--, , n1;:-_,c: ::"I~J _ ~:3 C', ~) -- ~-~, t...,' ,',\ r~,::" -'"" Cu t ::.tJ r~lj i~f~ . ~. cJ ~ ~ ~ 0 r W'~ L- k E .-3'~ T P. -...----- OCT 2 5 2004 V Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIO. 04-1466 CIVIL TERM CIVIL ACTION - LAW riANE M. LOWER, v. BAMBIE R. LOWER, IN CUSTODY Defendant SA VLEV, J. --- ORDER OF COURT AND NOW, this "2'1 day of October, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Shane M. Lower and Bambie R. Lower, shall have shared legal custody of the minor child, Kandice May Lower, born March 12, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitlE~d to all records and information pertaining to the children including, but not limited to, mEtdical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, atter discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Phvsical Custody. Mother shall have primary physical custody subject to Father's rights of visitation and partial custody which shall be arranged as follows: A. Father will have three (3), two (2) hour visits to occur by October 28, 2004. These visits are to occur at the home of Kelly Snyder. However, in the event that Ms. Snyder is not available for any clr all of the three (3) visits, these visits may occur at the home of the paternal grandparents, Janice and Michael Lower. Mother shall provide all transportation incident to these visits. NO. 04-1466 CIVIL TERM B. Commencing November 2, 2004, and each Tuesday evening thereafter, from after school until 7:30 p.m., Father shall have partial custody. C. Commencing November 6,2004, each Saturday from 10:00 a.m. to 5:00 p.m., Father shall have partial custody. In the event that Father cannot participatEl in the partial custody scheduled for Tuesdays, Father will notify Mother by the preceding Friday. In the event that Father cannot participate in the partiial custody scheduled for weekends, Father will notify Mother by the precedin~~ Tuesday. In the event that Father has to cancel his Tuesday custodial time, make-up time shall occur the following Friday. Transportation incident to the Saturday custodial periods shall be provided by the parent receiving custody. With regard to the Saturday custodial exchange, Father will stay in the car when he comes to pickup the child. Mother will pickup the child at the home of the paternal grandparents at the end of the custodial visit on Saturdays. With regard to the Tuesday custodial exchange, Father will pickup the child at school after school is dismissed. Father will drop of the child at Mother's residence at 7:30 p.m. and will stay in the car at the time of the custodial exchange. Mother will greet the child at the door of the residence. D. Effective December 3, 2004, Father's weekly Saturday schedule provided in "C" above will be discontinued and replaced with alternating weekends from Friday after school until Saturday at 5:00 p.m. The Tuesday evening visits shall continue. Transportation incident to Father's weekend custodial time will be provided by the parent receiving custody. 3. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other p~lrent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 4. Holidavs. A. Christmas. Counsel will workout custod~al time for Father for Christmas 2004 by December 1, 2004. By this time, Mother will have identified the dates of her planned trip to Pittsburgh. NO. 04-1466 CIVIL TERM B. Thanksaivina. Father will have custody for Thanksgiving 2004 from 9:00 a.m. to 4:00 p.m. The parent receiving custody shall provide transportation incident to the custodial exchange for this holiday. 5. matter. Cumberland County Court of Common Pleas: shall retain jurisdiction of this 6. The Custody Conciliation Conference shall reconvene on January 6, 2005 at 11 :30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. Dist: Anthony T. McBeth, Esquire, 407 N. Front Street, Harrisburg, PA 17101 Heather L. Harbaugh, Esquire, 2843 N. Front Street, 3'd Fl., Harrisburg, PA 17110 V~'VAlASI'>JN3d I H,IGi)/"l rr.;<.,';~=';::V,lr"\l"'\ ^-U'..., '-"'-' ....,', ,~_ ~ __~; h..J ~ S : 1/ ~v 62 1:)0 ~Ofil ! '/j""lni'l(''-l; C~jd :JW1' .Ju- 1\ IV, WI '~__i Ll _ -Jl- I ..:;l: :If'~1-l-1(",:-fJ31!.1 .....IV'I-l...._~. ~..) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1466 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SHANE M. LOWER, v. BAMBIE R. LOWER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 . The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kandice May Lower March 12, 1999 Mother 2. The parties second Custody Conciliation Conference was held on October 18, 2004 with the following individuals in attendance: the Father, Shane M. Lower, and his counsel, Anthony T. McBeth, Esquire; the Mother, Bambie R. Lower, and her counsel, Heather Harbaugh, Esquire. 3. The parties reached an agreement in the form of a Temporary Order as attached. It is noted that the Order was designed to provide a period of reintroduction for the minor child who is five (5) years old. The schedule is madl9 in anticipation of compliance by both parties and in anticipation of working toward the goal of a partial custody schedule which would include alternating weekends, an evening during the week, time during the Summer school recess, and holiday time. ( /D~/rJf G/J'~ Date Melissa Peel Gree Custody Conciliator :237679 ,. David B. Dowling, Esquire Attorney I.D. No. 25452 One South Market Square P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 DA VlD B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, CUMBERLAND CO, PENNSYL V ANlA Plaintiffs CIVIL ACTION - LAW v. NO. 04-1461 TERRY P. McKINNON Defendant PETITION TO HOLD DEFENDANT TERRY McKINNON IN CONTEMPT OF COURT NOW COME, Plaintiffs, David B. Dowling and Marilyn Dowling, and file the within Petition to Hold Defendant Terry McKinnon in Contempt of Court, as follows: I. On October 28, 2003, Plaintiffs obtained a judgment against the Defendant in the amount of$5,624.00. 2. No appeal was taken, and a final judgment was entered in the Court of Common Pleas of Dauphin County, docketed to 2003-NT-2972 on December 16, 2003. A copy ofthe Entry of Judgment and the Judgment from the District Justice are attached hereto as Exhibits "I" and "2". 3. On January 20,2004, Plaintiffs filed a Petition to Attach Wages pursuant to 42 Pa. C.S.A. g8127(a) (3.1) (3.2), (c), (f), (h). A copy of the Petition is attached hereto as Exhibit "3". 511i1886.1 f' 4. The Petition was accompanied by an Order for the attachment of wages in the amount of$5,624.00. 5. On February 14,2004, a Petition to Make the Rule Absolute concerning Plaintiffs' Petition to Attach Wages was filed. 6. On February 27, 2004, Plaintiffs received a letter stating that Defendant no longer worked for Genco Distribution and, therefore, wages could not be withheld from Mr. McKinnon. (See Exhibit "4" attached hereto.) 7. On April 6, 2004, Judgment in favor of Plaintiffs and against Defendant McKinnon in the amount of $5,624.00 was transferred to Cumberland County. (See Exhibit "5" attached hereto.) 8. On April 27, 2004, Defendant McKinnon was served, via u.s. Mail, First Class prepaid, with a Notice of Deposition to appear for deposition at the firm of Rhoads & Sinon LLP on Wednesday, May 12,2004, at 4:00 p.m. (See Exhibit "6" attached hereto.) Despite the Notice of Deposition, Mr. McKinnon failed to appear for his deposition. 9. On April 2, 2005, Defendant McKinnon was served with a subpoena delivered to his residence which required him to appear for deposition on Monday, May 2, 2005 at 9:00 a.m. to be held at Rhoads & Sinon LLP, One South Market Square, l2'h Floor, Harrisburg, Pennsylvania. (A copy of the subpoena is attached hereto and marked as Exhibit "7"). 1 O. The deposition on May 2, 2005 was to address Plaintiffs' Petition for Rule Absolute concernmg a previously filed Petition to Attach Wages Pursuant to 42 Pa.C.S.A. g8l27(a)(3.l )(3.2),( c),(t)(h). - 2 - f' II. Teny McKinnon was served with the subpoena to attend on April 2, 2005 by Paul Kennedy of Kennedy Courier. (A copy of Mr. Kennedy's service log is attached hereto and marked as Exhibit "8"). 12. Nevertheless, Defendant voluntarily ignored the subpoena and did not appear as Ordered. 13. Defendant has ignored two subpoenas to appear for his deposition. WHEREFORE, Plaintiffs request that Teny McKinnon be held in the Cumberland County Prison until such time as a hearing is scheduled to determine ifhis failure to appear was intentional. ~ avid B. Dowling- One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Dated: May 10, 2005 - 3 - .~ r; :x\,s)\~ \ .;J ~ " COMMONWEALTH OF PENNS' II,NIA COUNTY OF: DAUPHIN 12-1-05 NOTICE 0' IUDGMENTITRANSCRIPT PLAINTIFF: REb,DENTI"\!:;,E~!~~S~ 'nOWLING, DAVID I 2132 SYACMORE DR HARRISBURG ~A 17112 ~ VS. Mag_ Dist. No, DJ Name: Hon GEORGE A. ZOZOS Add"" 538 S. 29TH STREET HARRISBURG, PA T.lephoce, (717) 231- 3500 17104-0000 DEFENDANT: NAME and ADDRESS 'MCKINNON, TERRY ETAL 801 SYCAMORE ST. APT/STE 2 C/O GENCO DISTRIBUTION ~PHILL, PA 17011 I DAVID DOWLING 2132 SYACMORE DR HARRISBURG PA 17112 Docket No.: LT-0000758-03 Date Filed: 10/14/03 ~ ..~.,......,,- ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgrnent was entered tor: (Name) DOWLING; DAVID o Judgment was entered against MCKINNON, TERRY ETAL lXJ LandlordlTenant action in the amount of $ 5,624.00 on 10/28/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 in a (Date of Judgment) .00. , Total Amount Establishgd g6BJ bess. Security Deposit Ap~l~d _; AdjUdic~ed5bnoount Rent In Arrears $' .0 - $ . - $ ,.00 Physical Damages Leasehold Property $ .00 - f .00 ; $ .00 ; Damages/Unjust Detention $ 00 - _ 00 $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ 00 UT Judgment Amount $ 5,500 00 D Attachment Prohibited/ Judgment Costs $ 124 00 42 Pa.C.S. 98127 Attorney Fees $ 00 0 This case dismissed without prejudice. Total Judgment $ 5,624.00 D Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 'X Possession ranted if mone 'ud ment is not satiSfied bl' time 01 eViction. [!] D g Possession not granted. Y J g y D 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 ACTUALL Y 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 PAFl'TY 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 JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRIC.T.JIHmR~S, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURT~efHlfjl;l~~:;;S:M1JST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DIS\l!/lSf:J~S'iICE;.:"'.:<':'~/'.. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ti~:t(J!JfjpNTEFl'ESt~l:>'II't'l'I'!,E JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF TtlE.,;l'UQGMEf'iTDEBTl;!R P;o;\$IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. :;~" (};' " ',.' <'I .- :;:.; 1< :' :":: '..' ::::", :",.') .:-..;" '., " ,'i.Di:*ict Justice :;!s:c'6'nlaII]J"'!'l'.L e..J1;l gment. J%~,~;I!\'r\ Uj- V',:"8;..- J/1ifiU;;]\\'.'.\""", District Justice Date IS IS a true an . .,. "0 Date Mv commission expires first Monday of January, 2007. AOPC 31SA.03 SEAL ... \ \(Yb\Io\\ ) ----- " OFFICE OF PROTHONOTARY OF COURT OF COMMON PLEASE OF DAUPHIN COUNTY, PA. NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE DAVID DOWLING and MARILYN DOWLING ) 2003.MO. f\..Jt'- d...Q1?- ) Plaintiffs, ) vs. )Equity Docket page _ ) TERRY P. McKINNON, ) ) Defendant ) Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case -- X Judgment of$5,624.00 for Plaintiffis and against Defendant. Judgment of Defendantls and against Plaintiff/s. Dated: DE.e 1 6 - ,5ftP)UJ,ffJ e-. , PROTHONOTARY \ +J{),W~ Order or Decree in favor of To: Terry P. McKinnon c/o Genco Corporation 80 I Spangler Road, 2nd Floor Camp Hill, PA 17011 ,-.> co c;:;.) ~'o ~ C:I - <-;J-- :j"l. ,. ,. -, ::;. f') .. -'..... o ~ " David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN A. DOWLING, Plaintiffs v. TERRY P. MCKINNON Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA :NO. ~(j)?T~T- ?q19- ,- PRAECIPE TO ENTER JUDGMENT TO: THE PROTHONOTARY ~ ~ Cl .c:i C') ....- C' ......~ ~...'"' .-' , -~ -..) '., o r-."l Pursuant to Pa. Rule of Conduct, Office Standards and Civil Procedure of District Justices 402D, kindly enter judgment in favor of Plaintiffs, David B. Dowling and Marilyn A. Dowling, and against Defendant, Terry P. McKinnon, in the amount of$5,624.00 in accordance with the certified copy of the Notice of Judgment! Transcript attached hereto and marked as Exhibit "A". Date: December 15,2003 498240.1 RHOADS & SINON avid B. Dowling One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff , EXHIBIT "A" " COMMONWEALTH OF PENNS' \NIA COUNTY OF: DAUPHIN 12-1-05 NOTICE O' UDGMENTITRANSCRIPT PLAINTIFF RESIDENTI.6:.~E~'~~~S~ 'noWLING, DAVID 2132 SYACMORE DR HARRISBURG t!'A 17112 ..., Mag. Ois!. No.. OJ Name: Hon GEORGE A. ZOZOS Add"" 538 S. 29TH STREET HARRISBURG, PA VS. 0" <;:.)> <\ T"'phOO' (717) 231- 3500 17104-0000 DEFENDANT: NAME and-ADDRESS / 'MCKINNON, TERRY ETAL ..' 801 SYCAMORE ST. APT/S'i'E2 C/O GENCO DISTRIBUTION ".> ~PHILL, PA 17011 ; Docket No.: LT- 0000758 - 03 Date Filed: 10/14/03 .:..,,-" ..., ^ "', ....;> -..) '.' DAVID DOWLING 2132 SYACMORE DR HARRISBURG PA 17112 C?:,-.J , THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered tor: (Name) DOWLING, DAVID Judgment was entered against MCKINNON, TERRY ETAL [i] Landlord/Tenant action in the amount of $ 5.624.00 on 10/28/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 . Total Amount Establishfd b'LDJ Less' Security Deposit ApQ.IiSld _ = Adjudicated AmouBb RentmArrears $ 5,5UO.00 -$ .UU - $ 5,500. Physicai Damages Leasehold Property $ .00 - $ .00 = $ .00 Damages/Unjust Detention $ 00 - $ 00 = $ 00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ 00 UT Judgment Amount $ 5.500.00 Judgment Costs $ 124.00 Attorney Fees . $ 00 Total Judgment $ 5,624.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ [!] Ime 0 eVlc Ion. D Possession not granted. D Defendants are jointly and severarly liable. ,\\\\\11 l! '!/Iillll IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAI,f::Il9~'AA8.R~!i.~'i-. O....R POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WI:rftlf!~H~~l'Ho"i{orAfl~LERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APP~'OF.;HE n.jONE'hl.u15(>MENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTH~T~R?'ICL~)( O~P'fJU~THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAl;lS FIU;D:-. ,'. ,;..,c",: "- IF A PJ\RTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOL\iil~~sIDeNTIAL;'/!ttklll\..,ijE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF AP~AL w{rJ:l.1:t1I'.~R&rHONOT€RY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ~ s:;. , .....';o~. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT~fo/SOf,ll!".'f;..~...., M:~lT~HE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JHSTlAA~.lfXttt)U~NT HOLDER ELECTS 110 ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FUR1.~\\ROF~!>c~l\WJj1i'F~FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTllIt.t:J'1SJIC~;"/'\.;'/,-;. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ~:tO~JNn;REs.'[~o il('AjE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF TilE;JUQGMEI\IT DEBTeR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH rHE JUDGMENT. !2;] :,' ". "',". - . - .' .' - . :: * :/ ~ ;.:~ in a (Date of Judgment) .00. Attachment Prohibited! 42 Pa.C.S. S 8127 D D D This case dismissed without prejudice. Possession granted. . .- -- : Mv commission expires first Monday of Janua AOPC 315A-Q3 . ~C:.~'~~~~~ [\--;~~~~~=Y~~'~:'i; ~i~- ~ CERTIFICATE OF SERVICE I hereby certifY that on this I.. '+1' day of December, 2003, a true and correct copy of the foregoing "Praecipe to Enter Judgment" was served by means of United States mail, first class, postage prepaid, upon the following: i ;' /} / (,,')/ //), In 2(~' Cynthia 1. Zucaro \ ~ ~ , DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs CNIL ACTION - LAW v. NO.2003-NT-2972 TERRY P. McKINNON Defendant RULE TO SHOW CAUSE AND NOW, to wit, this day of .2004, upon presentation and consideration of Plaintiff's Petition to Attach Wages Pursuant to 42 Pa. C.S.A. ~8127, this Court grants a RuIe on Defendant to show cause, if any there be, why the relief requested by Plaintiff should not be granted. RULE RETURNABLE BY THE COURT: J. , David B. Dowling, Esquire Attorney LD. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATIORNEYS FOR PLAINTIFF v~. ~:3,,: Zr-, J>c c: :e ~ c:::> c:::> ..".. i;: :z: N o -0 :x .r::- ., "0 ;;0 ':::>0 _....." ::0 ._~..,,"" ,~:::~ _ C) ~C')~ C.J"'< --;0,." -">""0 ~:~',) DAVID B. DOWLING and MARILYN DOWLING N Q IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA -! -< .'r" Plaintiffs CIVIL ACTION - LAW v. NO.2003-NT-2972 TERRY P. McKINNON Defendant ORDER OF ATTACHMENT OF INCOME TO SATISFY LANDLORD-TENANT JUDGMENT UNDER RESIDENTIAL LEASE TO: Genco Corporation 801 Spangler Road, 2nd Floor Camp Hill, PA l701l Pursuant to the laws of the Commonwealth of Pennsylvania the net wages of Terry McKinnon, DefendantlTenant, formerly of 2202 Kensington Street, Harrisburg, Pennsylvania, are hereby attached to the following extent. You are directed to pay to the Prothonotary of the Court of Common Pleas of Dauphin County 10% of the net wages due the DefendantlTenant. The attachment payment must be sent to the Prothonotary within fifteen (15) days of the date the DefendantIT enant is paid. Checks should be made payable to "Prothonotary of Dauphin County", Front and Market Streets, Harrisburg, PA l7101. , The order of attachment for damages arising out of a residential lease is binding upon you until further notice and shall have priority over any attachment, execution, garnishment, or wage attachment under state or local law except one relating to a support order or a prior attachment for damages arising out of a residential lease. You must commence the attachment of the defendant/tenant's income as soon as possible but no later than fourteen (14) days from the date of the issuance of this order of attachment. Your are notified further that pursuant to law: I. The defendant/tenant has been notified that an order of attachment would be issued. 2. Willful failure to comply with this order may result in (i) your being adjudged in contempt of court with appropriate sanctions; (ii) your being held liable for any amount not withheld or withheld but not forwarded to the Prothonotary; and (iii) attachment of your funds or property. 3. The attachment of income or the possibility thereof as a basis, in whole or in part, for the discharge of an employee or any disciplinary action against or demotion of an employee is prohibited. Violation may result in (i) your being adjudged in contempt with appropriate sanctions; and (ii) an action against you by the employee for damages. 4. You must notifY the ProthonotarY when the defendant/tenant terminates employment and provide the Prothonotary with the employee's last known address and the name and address of the new employer, if known. 5. The maximum an'1ount of the attachment shall not exceed 10% of the employee's net wages per pay period. The total amount of wages attached pursuant to this order shall not exceed $ -2- , 6. For the purpose of this order, "net wages" means all wages paid less only the following items: (i) Federal, State and local income taxes; (ii) F.I.C.A. payments and nonvoluntary retirement payments; (iii) Union dues; and (iv) Health insurance premiums. Date of Order: BY THE COURT: J. -3- David B, Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg. Pennsylvania 17108-1146 (717) 233-5731 ATTORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs CNIL ACTION - LAW v. NO.2003-NT-2972 TERRY P. McKINNON Defendant PETITION TO ATTACH WAGES PURSUANT T042 Pa. C.S.A. &8127(a) (3.1) (3.2), (c). (0, (h) TO YOUR HONORABLE COURT: 1. On October 28, 2003, Plaintiffs obtained a judgment against the Defendant under the Landlord Tenant Act in the amount of $5,624.00. 2. No appeal was taken, and a final judgment was entered in the Court of Common Pleas of Dauphin County, docketed to 2003-NT-2972 on December 16,2003. A copy of the Entry of Judgment and the Judgment from the District Justice are attached hereto as Exhibits "1" and "2". 3. Pa.C.S.A. s8127(a) (3.1) (3.2), (c), (f), (h) as amended authorizes a landlord to garnish a tenant's wages for all rent due and owing. 4. Plaintiff believes and therefore avers that Defendant Terry McKinnon's place of employment is Genco Corporation, 801 Spangler Road, 2nd Floor, Camp Hill, PA 17011. His last 501587.] known residence is 2202 Kensington Street, Harrisburg, PA. Plaintiffs believe Defendant Terry McKinnon's income is in excess of$30,000.00 per year. 5. Plaintiffs request that the Court enter an Order attaching wages of the Defendant Terry McKinnon until the full amount of the judgment including costs is satisfied, as authorized by 42 Pa. C.S.A. ~8127 (a) (3.1) (3.2), (c), (t), (h). RHOADS & SINON LLP .... ( By: ....(' avid B. Dowling One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Dated: ---1\ l f.:, l 0 "\ -2- EXHIBIT "1" COMMONWEALTH OF PE~ 0' I>.NIA COUNTY OF' DAUPHIN 12-1-05 NOTICE' 'UDGMENTITRANSCRIPT PLAINTIFF, FiE~:>IDENTI~~E~"~~~S~ 'nOWLING, DAVID 'I 2132 SYACMORE DR HARRISBURG ~A 17112 ~ VS. Mag. Dis\. No. :lJ Name: Hon. Address: GEORGE A. ZOZOS 538 S. 29TH STREET HARRISBURG, PA T.I.ph,"" (717) 231- 3500 17104-0000 DEFENDANT: NAME and ADDRESS !MCKINNON, TERRY ETAL 801 SYCAMORE ST. APT/STE 2 C/O GENCO DISTRIBUTION ~PHILL, PA 17011 'I DAVID DOWLING 2132 SYACMORE DR HARRISBURG PA 17112 Docket No.: LT-0000758-03 Date Filed: 10/14/03 ~ - THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered tor: (Name) DOWLING~DAVID r::l Judgment was entered against MCKINNON, TERRY ETAL iX.J LandlordfTenantactionintheamountof$ 5,624.00 on 10/28/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ . 00 , Total Amount Establish~d b\L DJ Less' Security Deposit ApQJiSld _ = AdjudicatedArnount Rent In Arrears $ !J,500.00 -$ .00 - $ 5,500.00 Physical Damages Leasehold Property $ .00 $ .00 = $ , .00 Damages/Unjust Detention $ 00 - $ 00 = $ 00 Less Amt Due Defendant from Cross Complaint $ _ 00 Interest (if provided by lease) $ 00 UT Judgment Amount $ "', "'00 00 Judgment Costs $ 124 _ 00 Attorney Fees $ 00 Total Judgment $ 5,624.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ~ Possession granted if money judgment is not SallSllea oy lime ot eViCtion. n Possession not granted. 0 Defendants are jointly and severally liable. in a (Date of Judgment) .00. o o o This case dismissed without prejudice. Attachment Prohibited/ 42 Pa.C.S. ~ 8127 Possession granted. 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 JUGGMENT 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 ORDEffi 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 JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEA EXCEPT AS OTHERWISE PROVIDEO IN THE RULES OF CIVIL PROCEDURE FOR DISTRI"Tj~!iAm:;ES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. ALL FURT\;t!1fi:eRt)~~iI's:1.\J,lST COME FROM THE COURT OF CO",MON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTI'!;lS1:JQSJtCE",,,:),,.>,, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ~j;r~J;j!iipNTER'EStEtl lI(l'tj,E JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF Tl'\E~;;iuQGME"IT DEBTeR I>...'(s IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. :n.5' ;' _ " '." ":. .:.::: .' ~~ * \~. ' -~ SEAL Date Mv commission expires fllst Monday of January, 2007, AQ:'C 315A-03 ":, .~- . "", " ',Distiict Justice ~~,qbnlal,nJJJg' L e,.JJ;l gment. F/, ','./.","1-" -;' "':'_' ," <.::.... '/I/liUI!:';;-\{;\\'--"'.,' District Justice EXHIBIT "2" OFFICE OF PROTHONOTARY OF COURT OF COMMON PLEASE OF DAUPHIN COUNTY, PA. NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE DAVlDDOWLING and MARILYN DOWLING ) 2003.m. 10\- d-..Q1?- ) Plaintiffs, ) vs. )Equity Docket page _ ) TERRY P. McKINNON, ) ) Defendant ) Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case -- X Judgment of $5,624.00 for Plaintiffls and against Defendant. Judgment of Defend antis and against Plaintiff/so Dated: (~~ .-~. (\ . \ , I . "\ l ,.t! n e ! ,..'L,..- ) f 'l#UZ..ff""~(~' DEe 1 6 - Order or Decree in favor of - , i1 I '} ....10 t.~...;,_ 1.- ....... .~"'i ':;' if ,.,:tj ~,,-, ",." . }'U4 \~";.~':rlJ '......' l..;<.ul'-...-~'" ~...'- . PROTBONOTARY 1'_,;) c::J oJ C::J ~...) - - To: Terry P. McKinnon c/o Genco Corporation 80 J Spangler Road, 2nd Floor Camp Hill, PA 17011 V:';' David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Markel Square, ] 2th Floor P.O Box 1146 Harrisburg, Pennsylvania 17108-1146 (717)233-5731 ATTORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN A. DOWLING, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs .1)00 7- ".II - d- q 19-. :NO.9\ v. TERRY P. MCKINNON ,--' <::I ~ '--? '\ Defendant <:.:-, .........................,.............................................................. ......') PRAECIPE TO ENTER JUDGMENT ....) '.. Cl \....:> TO: THE PROTHONOTARY Pursuant to Pa. Rule of Conduct, Office Standards and Civil Procedure of District Justices 402D, kindly enter judgment in favor of Plaintiffs, David B. Dowling and Marilyn A. Dowling, and against Defendant, Terry P. McKinnon, in the amount of $5,624.00 in accordance with the certified copy of the Notice of Judgment! Transcnpt attached hereto and marked as Exhibit "A". RHOADS & SINON avid B. Dowling One South Market Square P.O. Box J 146 Harrisburg, P A \7\ 08-\146 (717) 233-5731 Date: December 15,2003 Attorneys for Plaintiff ~9g240.1 EXHIBIT "A" COMMONWEALTH OF PE"-' \NIA COUNTY OF: DAUPHIN 12-1-05 NOTICE UDGMENTITRANSCR1PT ~LAINTIFF RESIDENTI.C~JME~'~~P.S~ 'DOWLING, DAVID 2132 SYACMORE DR HARRISBURG L!'A 17112 r Mag. Disl No OJ Name: Hon. GEORGE A. ZOZOS Add'", 538 S. 29TH STREET HARRISBURG, PA VS. ,~,~ ""~~).. J ""ph"" (717) 231- 3500 17104-0000 DEFENDANT: NAME and ADDRESS 'MCKINNON, TERRY ETAL 801 SYCAMORE ST. APT/STE 2 C/O GENCO DISTRIBUTION ~PHILL, FA 17011 Docket No.: LT- 0000758 - 03 Date Filed: 10/14/03 -, ~. "'. , ' / DAVID DOWLING 2132 SYACMORE DR HARRISBURG PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PI.AYNTTPP C!J Judgment was entered tor: (Name) DOWLING, DAVID r::l Judgment was entered against MCKINNON, TERRY ETAL i.XJ LandlordlTenant action in the amount 01 $ 5.624.00 on 10/28/03 The amounl of rent per month, as established by the District Justice, is $ The tolal amount 01 the Security Deposit is $ .00 . .' 0-1 . __:'1 '.' ina (Date of Judgment) .00. Rent in Arrears Total Amo$nt Establishg~ go H~ 0 be~ $ Security Deposit A~~I~d = = $ Adjudicasejds'bnoo.uBb Physical Damages Leasehold Property $ .00 $ .00 = $ .00 Damages/Unjust Detention $ 00 -$ _00 = $ 00 Less AmI Due Delendant from Cross Complaint - $ .00 Interest (if provided by lease) $ 00 UT Judgment Amount $ "."00 00 0 Attachment Prohibited/ Judgment Costs $ 124_00 42 Pa.C.S. S 8127 Attorney Fees $ 00 0 This case dismissed without prejudice. Total Judgment $ 5,624.00 0 Possession granted. Post Judgment Crediis $ Post Judgment Costs $ Certified Judgment Total $ X Possession ranted il mone 'ud ment is ndfs~ 'lime Of eVICflon. [!] 9 YI 9 Y D Possession not granted. 0 Defendants are jointly and severally liable. , .\\~\ll!lml1ill'l IN AN ACTION INVOL VING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAt,.f.llt." M:,~,~8p~!\kr'~OR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WI:rftm~~QorH~~~'M.;LERK OF COURTS OF THE OOURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APP~O~.;HE 1.l0NEY'J.UD~NT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTH~TA'R'tICL~ Ol>t:::"OUMS:THE LESSER OF ' THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAlils FIlJ;O: ..'. ,C' <, ~ "- IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOL\ijl~fl=SIOENTIAL 'l!tAS~"liiE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF AP~AL WltfkrH~PR\1rHONOT.iRYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ~ ,;:;. ,'. ....."' ~ THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT~."/9C 1Il.!'-l:l'0fl.MW. IT!:f"'HE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT.~II$TlAA~.if,1He~U~NT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FUR1;t:$'i.e~clI;;~~~"W~llRRME-FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DIST~tJ'l.istIC.E;;.'. i'F'~/.' UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ~:tO!\/lpN~REstEO IWl'-lo[E JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF TJ3E..;JUQGMENT DEBTt:l.R P~'(6IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 2 is :'... .... <.. - .. S * :.." - .. -;:::. ",', Mv commission expires first Monday of Januar AOPC 315A-Q1 ( ...~.~~(,~'J~'~.:~~~'~..:'.:.'~ ~ CERTIFICA TE OF SERVICE I hereby certify that on this I ,if' day of December. 2003. a true and correct copy of the foregoing "Praecipe to Enter Judgment" was served by means of United States mail. first class, postage prepaid, upon the following: , " ,"(' I ( !,' ( (l -.... ) Cynthia L. Zucaro ,/ ''''1 I ,: (,.! (" . .(.....' , , CERTIFICATE OF SERVICE ~ I hereby certifY that on this J.f. day of January, 2004, a true and correct copy of the foregoing "Petition to Attach Wages Pursuant to the Landlord Tenant Act, 42 Pa. C.S.A. 98127(a) (3.1) (3.2), (c), (t), (h)" was served by means of United States registered mail, postage prepaid, upon the following: Terry McKinnon Genco Corporation 801 Spangler Road, 2nd Floor Camp HilI, PA l70ll ~d</r~ thia L. Zucaro SX~\\\-\ q ~ GENCO DISTRII ;TION SYSTEM 801 Spangler Rd Camp Hill, P A 17011 Telephone (717) 737-1200 Fax (717) 612-2018 I GENCO I February 27, 2004 Dauphin County Prothonotary Front and Market Streets Harrisburg, PA 17101 ,r--, )~~~ Gentlemen: -0:.;., m=, -....-' .- Z,-' J7 S: '- :;.:. -0 This letter is to inform you that Terry P. McKinnon, NO.2003-NT-2972 is _( no longer working for Genco Distribution, effective February 06, 2004. We have no idea where he maybe working. His last known address is 1395 Letchworth Rd, Camp Hill, P A 17011. We will not be able to withhold wages from him under Case ill #NO.2003-NT-2972. Sincerely, ~esseY Payroll Manager Accounting Supervisor Cc: Rhoads & Sinon LLP Your Source for Total Logistics Solutions c , ~ ~ ~ ". ::0 t :P' Z - - ., ~-~:'I co;. ~:: ' _,,:-n;" :::;: ''"''1'; ( "--', ~,._-- .~:~ ('"'') c_,.,. ~:i;\2, '- .."_,J U'l <;:) ----- ~ DAVID B. DOWLING MARIL YN DOWLING, Plaintiff and IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. CIVIL ACTION - LAW NO. D4 - N~I (!t"uiC'Tk"l TERRY P. McKINNON, Defendant NOTICE TO: Terry P. McKinnon, Defendant(s) You are hereby notified that on April ~, 2004, the following (Order) (Decree) (Jud2ment) has been entered against you in the above-captioned case. In favor of Plaintiff David B. Dowlin2 and a2ainst Defendant Terry P. McKinnon on n."mbe, 16. 2003 ,. ili"m""", 0[$5.624.00: ~ DATE: "1/ "/()Lj a-{/2-:io .J K- Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Protonotario Terry P. McKinnon 1395 Letchworth Road Camp Hill. PA 17011 A Terrv P. McKinnon, Defendido/a Defendidos/as Por este medio se Ie esta notificando que el _ de April del 2004, el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Terry P. McKinnon 1395 Letchworth Road Camp Hill. PA 1701 I Abogado del Demandante 512284.] DAVID B. DOWLING and MARIL YN DOWLING IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs CIVIL ACTION - LAW v. NO. TERRY P. McKINNON C) c': ::;..~:: ....., ~ c"' To the Prothonotary: "", -::, C'J r-...) co o 'Tl --, ~j-'-I n.lr:== ~g8 ~~,~ '../ --.\ -.,.. ~~ 2-~ Defendant I en -;-. PRAECIPE TO TRANSFER JUDGMENT Please transfer the judgment entered in the case of David B. Dowling and Marilyn Dowling, In the Court of Common Pleas of Dauphin County, Civil Action, No. 2003-NT-2972 in the amount of $5,624.00 to Cumberland County pursuant to 42 Pa. C.S.A. 94305, the exemplified copy of the record attached hereto at Exhibit "A". RHOADS & SINON LLP By: . avid B. Dowling Attorney I.D. No. 25452 One South Market Square P.O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for Plaintiff Dated: April I. 2004 509565.1 EXHIBIT 'A' 3ln -ai:be QJ:ourt of QJ:ommon llleaS' of ~aupbin ([ountl'. llennS'plbania David B Dowling No. 2003-NT-2972- YS. Terry P McKinnon CERTIFICA TION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, David B Dowling and against Defendant, Terry P McKinnon on December 16, 20Q3 in said case in the amount of$5,624.00 lIn llrell'timonp Wbereof, I have hereunto set my hand and affixed the seal of the Court, on Thursday, April 01, 2004. ~f:J/1,::J(!~ Prothonot By: 0J Nre,,1, Deputy P JUDGMENT $5.624.00 Interest from October 18. 2003 Attorney Due $3.00 Plaintiff Paid $21.00 Prothy. Due $8.75 This record $17.50 Date: 4/1/20b4 'Time: 08:52 AM Page 1 of 2 Filed: Comment: Judge History Date 12/16/2003 Dauphin County Complete Case History 2003-NT -2972- David B Dowling vs. Terry P Mckinnon User: ASNYDER 12/16/2003 Physical File: Appealed: N Judge No Judge, Reason for Removal Current Payments Dowling, David B (plaintiff) Receipt 47783 Date 12/16/2003 Type Civil Filing Amount 21.00 Total 21.00 Phone: Employer: Party Type: Comment: Register of Actions 12/16/2003 New Civil Case Filed This Date. Plaintiff: Dowling, David B Attorney of Record: David Dowling Filing: Judgment - OJ Paid by: Dowling, David 6 (plaintiff) Receipt number: 0047783 Dated: 12/16/2003 Amount: $21.00 (Check) Transcript of Judgment from the Docket of George A. 20zos, District Justice 10/18103. Judgment for $5,624.00 Entered At 2:01 PM Stephen E. Farina, Prothonotary District Justice Costs $124.00 included in amount Petition to attach wages pursuant to 42 Pa. C.S.A. 8127(a)(3.1)(3.2), (c), (t), (h), filed Plaintiff Name: Address: Phone: Employer: Party Type: Comment: Attorneys Dowling, David Defendant Name: Address: 1/20/2004 Dowling, David 6 2132 Sycamore Dr Harrisburg Home: SSN: D06: Sex: PA 17112 Work: Send notices: Y (Primary attorney) Send Notices Mckinnon, Terry P 801 Sycamore SI. Camp Hill Home: SSN: D06: Sex: PA Work: 17011 Send notices: Y No Judge, No Judge, No Judge, No Judge, No Judge, I Date: ""4/1/2004 Time: 08:52 AM Page 2 of 2 Dauphin County Complete Case History 2003-NT -2972- David B Dowling vs. Terry P Mckinnon User: ASNYDER Register of Actions 1/21/2004 Upon presentation and consideration of Plaintiffs Petition to Attach Wages Pursuant to 42 Pa. C.S.A. 8127, this Court grants a Rule on Defendant to show cause, if any there be, why the relief requested by Plaintiff should not be granted. RULE RETURNABLE twenty (20) days of service at last known address and place of employment. See RULE TO SHOW CAUSE filed. Petition for Rule Absolute, filed It is hereby ORDERED and DECREED that the Rule be Made Absolute and the Order alllowing for Attachment of wages should not be GRANTED. see Order filed. Bratton, Bruce F. 2/13/2004 2/18/2004 No Judge, Bratton, Bruce F. Judgment Order date 12/16/2003 Plaintiff: Defendant: 1 of 1 In Favor Of Disposition Plaintiff Open Dowling, David B Mckinnon, Terry P Disposition Date 12/16/2003 Judgment DJ Judgment Amount 5624.00 I hereby certify that the foregoing is a true an~ correct COP~f ~Original filed. ~ /7pj4A --; A.....A'l.&:.- Prothonotary/Clerk of Courts CERTIFICATE OF SERVICE I hereby certify that on this ~ day of April, 2004, a true and correct copy of the foregoing "Praecipe to Transfer Judgment" as served by means of United States mail, first class, postage prepaid. upon the following: Mr. Terry P. McKinnon 1395 Letchworth Road Camp Hill, PA 17011 'I ljfdUv/71 J/L/~/u) ---- ~*h;J)rf ro - .. David B. Dowling ph (717) 231-6647 fie (717) 231-6637 ddowl ing@rhoads-sinon.com FILE NO 99950 April 27,2004 Re: Dowlinl! v. McKinnon Terry P. McKinnon 1395 Letchworth Road Camp Hill, P A 17011 Very truly yours, Dear Mr. McKinnon: Enclosed for service upon you is a Notice of Deposition to appear at the firm of Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania on Wednesday, May 12, 2004 at 4:00 p.m. in the above-referenced matter. If you fail to attend, you may be subject to sanctions authorized the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. RHOADS & SINON LLP By: David B. Dowling EnClosure DBD/clz ,15353,1 .. David B. Dowling, Esquire Attorney tD. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P,O. Box 1 146 Harrisburg, Pennsylvania 17108-1146 (717) 233-573 I ATTORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS. CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO. 04-1461 Civil Term TERRY P. McKINNON Defendant NOTICE OF DEPOSITION TO: Terry P, McKinnon 1395 Letchworth Road Camp Hill, PA 17011 PLEASE TAKE NOTICE that pursuant to Pa. R.Civ.P. 3117, the Plaintiffs will take the deposition of Terry P. McKinnon upon oral examination for the purpose of Discovery or for use at trial before a Notary Public or other person Authorized to administer oath, at the offices of Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania. on Wednesday, May 12, 2004, at 4:00 p.m., on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above named person is requested and subpoenaed to appear at the aforesaid time and place and submit to \5341.1 examination under oath. RHOADS & SINON LLP id B. Dowling One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff DATED: April 27. 2004 2 CERTIFICATE OF SERVICE I hereby certify that on this 27th day of April, 2004, a true and correct copy of the foregoing "Notice of Deposition" was served by means of United States mail, first class registered, postage prepaid, upon the following: , , i I [,vC(\.(I- i I :'\ " ' !\ ',I /i " ! I , Terry P. McKinnon 1395 Letchworth Road CampHill,PA 17011 \ ! '-... ['1 hlbrf ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID B. DOWLING MARILYN DOWLING and v. File No. 04-1461 CIVIL ACTION - LAW TERRY P. McKINNON SUBPOENA TO ATTEND AND TESTIFY TO: Terry P. McKinnon 1. You are ordered by the court to come to 12th Floor Rhoads & Sinon. LLP. One South Market Souare. (Specify courtroom or other place) at Harrisburg Dauphin County, Pennsylvania, on Jl;bnday, May 2, "XJJ5 M., to testify on behalf of Plaintiffs at g:OO 0' clock, A in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: David B. Dowling, Esquire Rhoads & Sinon LLP Address:p. O. Bo" 1146 Harrisburg, PA 17108-1146 Telephone: 717/233-5731 Supreme Court ID # ?5Ll5? Date: (1 ":4.P r J.. :~ J I ,uy) 5 Seal of fhe Court Prothonotary/Clerk, Civil Div;s; ~o~ 0 P.~A4A41 Deputy '--- Official Note: This form of subpoena shall be used whenever a sUbpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) . . E ~ rti $: (W c::; ~ :..Q := tfft ....... ~ := c::; ~ ss: On the -:4N'l:> day of ~~\.\.. ,200S ,1 ~\(~v\'" ~~t.1VN~':>'i served __~~__b~ €.~~_~_______________________ with the foregoing subpoena by: (Described method of service) '<:\~~~ '\:)l:.\..'\}~~,!:\ ~\J~~G.M ~ Mt-...<.\~\.ac.. ~ ~~\~ ~""'I- \<.aA.~ \..01" (. 't'AA\\.&<\...lf \ \~'\ ~()'Jto\' ~ \1~ IS' J I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C. S. A. 4904 relating to unsworn falsification to authorities. Date: '\ \ '}so\ O,.S ~~~- ~, (S ignature) \ .. . C%hlhlr g --- -.,... ""o-t.~.q... ~ 1 tJ 01\1 U..:, \~~<\.c\'\.~\\iC\.~ \>~ . "to "''''11.'01' ~"','E~ ~'i\b ~~t~CI"U ~ \J\ \'C\ '\ ,l\ ~~ nOli ~ E.E " . \Y\ (,~\ N ~o "J l'Y ~~~\t."-~N CQ. Nfl, 011-\'110 , 05 l S- \S; - , "2r ~ ,,~~, \ ~I,; <s. F\ 'i \t: - ~~~ ~ ~~~~~, S"'6.~ ll-l \..o(.A.'("\ $.'t\l..l. Ni.!.<;)~ \~ ~,t) . ~ \-\OM€ ()""N~~ o...r\~€ '\:)\: ~ ~ Qt;~\~~1\R ~ ~t~~\.~"'$ A ~?~ ~\ \. l..e./'otI ,.., ~~d C: N I'l tCl .\.\ ~\J\.. \J....~.... NG.., ~,~. ~ \ 6.5- ~O'i\ ... 6& L\. ~ ,,~~..~ \1. .,;1 ~~~ C THIA L. ZUC CERTIFICATE OF SERVICE I hereby certifY that on this ,(' y,/)ay of May, 2005, a true and correct copy of the foregoing "Petition for Contempt" as served by means of United States mail, first class, postage prepaid, upon the following: Mr. Terry McKinnon 2001 Red Bank Road Lot (Trailer #) 124 Dover,PA 17315 -------- n 1',-.:1 () --\'\ .-\ "l r'.. o - ., .. RECEIVED MAY 12 Z005 if 1 DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, CUMBERLAND CO, PENNSYL VANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-1461 TERRY P. McKINNON Defendant RULE TO SHOW CAUSE AND NOW, this ~y of M~, 2005, a Rule is issued upon Defendant, Teny P. McKinnon, to show cause, if any, why the Petition to Hold him in Contempt of Court and placed in the Cumberland County prison should not be granted. r- ~ -.,..) Rule returnable t 'i) daOS' c;.;f- Il.'Jo e. . /f1. ~ 11"\t ~~~. BY THE COURT:') /-/.- L.~ J. :pf t ~ ~ I, ~ f ( ;J'I "'~ " " q ,i/ A.J.I".iPl :'-;~I SS :8 L 1 },,\l! selil ..IiI ..,1.... - Plaintff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. DOWLING, VS CIVIL ACTION - LAW TERRY P. MCKINNON, NO. 04-1461 CIVIL TERM Defendant IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, this 9th day of June, 2005, after hearing, we find the Defendant to be in contempt of court. He is directed to appear for sentence on Friday, June 24, 2005, at 11:00 a.m. He is advised that his failure to appear will result in a bench warrant being issued for his Edwara E. Guido, J. ~vid B. Dowling, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 For Plaintiff ~rry McKinnon 2001 Red Bank Road Lot Number 124 Dover, PA 17315 ~ Ojp~/3-a5 ) :mlc '-':~~!-:}i..vrlO SS : I Hd S I t,lnr seaz Ai:!lilG:,CH108:! 31-11 :10 301.:!:lO-o::JlI:l v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL llCTION - LAW DAVID B. DOWLING, Plaintiff TERRY P. McKINNON, Defendant NO. 04-1461 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of June, 2005, it appearing to the Court that the personal service of our Order of June 9, 2005, was not made upon the Defendant, we are not prepared to issue a bench warrant for his arrest. Sentencing in this matter is continued until Thursday, August 25, 2005, at 1:00 p.m., in Courtroom No.5 of the Cuw)erland County Courthouse, Carlisle, Pennsylvania. Service of this Order and our Order of June 9, 2005, shall be made upon the Defendant by personal service. If the Defendant does not appear standing ready to answer questions posed to him by Plaintiff, we fully intend to sentence him to jail until the information is provided. Further, if he does not appear at the sentencing scheduled for the above date, a bench warrant will issue for his arrest. Edward David B. Dowling, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Plaintiff, Pro se Terry McKinnon 2001 Red Bank Road Lot No. 124 Dover, PA 17315 ~~ (,) 7-0"- C)-. srs S I :Olll\l L Z rifT SOOZ I',:I"'/:(:>\""<"~ {-"::..',J :~Ui JO .C 't.,,_.,' "..I' r..~,-"JtJ ....illJ. ..I 3"I'U.lil-O-:ill:l ..... 1,...J_.'~ __ I David B. Dowling, Esquire Attomey J.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17 I 08-1 146 (717) 233-5731 A ITORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, CUMBERLAND CO., PENNSYLVANIA Plaintiffs v. CNIL ACTION - LAW TERRY P. McKINNON NO. 04-1461 Defendant HONORABLE EDWARD E. GUIDO UNCONTESTED MOTION TO ATTACH WAGES PURSUANT TO 42 Pa. CoS.A. &8127(a) (3.1) (3.2), (c), m. (h) and CUMBERLAND COUNTY RULE 208.2(d) TO YOUR HONORABLE COURT: 1. On October 28, 2003, Plaintiffs obtained a judgment against the Defendant under the Landlord Tenant Act in the amount of $5,624. 00. 2. No appeal was taken, and a final judgment was entered in the Court of Common Pleas of Dauphin County, docketed to 2003-NT-2972 on December 16, 2003. A copy of the Entry of Judgment and the Judgment from the District Justice are attached hereto as Exhibits "I" and "2". 3. Pa.C.S.A g8127(a) (3.1) (3.2), (c), (f), (h) as amended authorizes a landlord to garnish a tenant's wages for all rent due and owing. 501587.1 4. Plaintiff believes and therefore avers that Defc~ndant Terry McKinnon's place of employment is Kams Quality Foods Ltd., 1200 Market Street, Lemoyne, PA 17043. His current residence is 305 Allendale Way, Camp HilI, PA. 5. Defendant agrees and concurs with this Motion and the attachment of wages not to exceed ten percent (10%). 6. Plaintiffs request that the Court enter an Order attaching wages of the Defendant Terry McKinnon until the full amount of the judgment including costs is satisfied, as authorized by 42 Pa. C.SA 98127 (a) (3.1) (3.2), (c), (f), (h). RHOADS & SINON LLP Dated:~ l2.l~ David B. Dowling One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -2- DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, CUMBERLAND CO., PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW TERRY P. McKINNON NO. 04-1461 Defendant CERTIflCATEOFCONCURRENCE Pursuant to Local Rule 208.2(d), the undersigned hereby certifies that on or about August 25, 2005, David B. Dowling, Esquire, Attorney for Plaintiffs, explained the full text of the within Motion to Attach Wages, as well as the Proposed Order, and I concur in the foregoing Motion for Attachment of Wages. By: ~/ilC!!t~ Terry, cKinnon 305 endale Way Camp Hill, Pennsylvania Defendant 576351.1 EXHIBIT "1" COMMONWEALTH OF PEr I>.NIA COUNTY OF: DAUPHIN 12-1-05 NOTICE" 1UDGMENTITRANSCRIPT PLAINTIFF' RE::.,DENTIAL LEASE r-' NAME and ADDRESS 'DOWl~ING, DAVID 213:a SYACMORE DR HARRISBURG L!'A :L 7112 Mag. Disl.. Na.~ OJ Name: HeM\. GEORGE A. ZOZOS -..." 538 S. 29TH STREET HARRISBURG, PA VS. T...,ho~,(717) 231-3500 17104-0000 DEFENDANT: NAME and "DOAE:SS 'MClWCNNON, TERRY ETA!. 801 SYCAMORE ST. APT/STE 2 C/O GENCO DISTRIBUTION ~)HILL, PA 17011 DockeitNo.: LT-0000758-03 ~_ Dale Filed: 10/14/03 ~ DAVID DOWLING 2132 SYACMORE DR HARRISBURG PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered tor: (!\Jame) DOWLING; . DAVID Judgment was entered against MCXINNON, TERRY ETA!. Ii] LandlordfTenant action in the amount of $ 5.624.00 on _lQl28/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security DeDos~ is $ .00 , Total Amount EstablishBd bit OJ Less' Securtty Deposit ApQIiSld _ = Adjudicated Amount Rent In Arrears $ 5,5UO.00 -$ .UO - $ 5,500.00 Physicai Damages Leasehold Property $ . 00 - $ . 00 = $ . . 00 ! Damages/Unjust Detention $ 00 - $ 00 = $ 00 Less Amt Due Defendant fl'Om Cross Complaint - $ _ 00 Interest (if provided by lease) $ 00 UT Jud9ment Amount $ c; _ c; 0 n 00 Judgment Costs $ 124 00 Attorney Fees $ 0 n Total Judgment $ 5,624.00 Post Judgment Credits $ Post Juejgment Costs $ Certified Judgment Total $ [X] Possession granted if money judgment is not SatlS"eu 01' Lime 01 eVlcnon. o Possession not granted. 0 Defendants are jointly and severally liable. in a (Date of Judgment) .00. o o o Attachment Prohibited! 42 Pa.C.S. 9 8127 This case dismissed without prejudice. Possession granted. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIl TEN DAYS AFTER THE DATE OF ENTRY OF JUeGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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 API'EAL 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 NonCE 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 NonCE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEl EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRIC.l~/.IAns~s. IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURT~'R:tl~~~~S:1>\UST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DIST~J;;~$tICEi"t:',:.;;/" UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ~~!JI~INTER'ES;:l'tl ~~E JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF T~Ui;><:;ME~T DEBTeR i\~y;s IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. == (] : ,',' . ". '::: == :; : . ::-: ~ * :.':, .; ': .~ ... .' -:::. ~'.:.;,;,' , ,.;' ..;.: ."..' ".:i."Di~rict Justice e ~:;::~~~ta.!~t,:~,:J.. gment. J. t.... r, ,t!'" ~,. -', .\,' "f!llll!;J1\\l~\-""', District Justice Mv commission expires first Monday of January. 2007. AO~C 315"-03 SEAL EXHIBIT "2" OFFICE OF PROTHONOTARY OF COURT OF COMMON PLEASE OF DAUPHIN COUNTY, PA. NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE DAVID DOWLING and MARILYN DOWLING ) 2003.'J'll'5. tvT- CJ..Q'7?-. ) Plaintiffs, ) vs. )Equity Docket page _ ) TERRY P. McKINNON, ) ) Defendant ) Pursuant to requirements of Penna Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case _ X Judgment of$5,624.00 [orPlaintiIDs and against Defendant. Judgment ofDefendantls and against PlaintiIDs. Dated: DEe 1 6 - 1 <,1 I , -":.J...:, ,hIt." ,'l" . I.f~z l ~!t...#' '-.' -1'- PROTHONOTARY c!-. (\ t I . "\ t h(}AJ..,rl-Oj Order or Decree in favor of To: Terry P. McKinnon c/o Genco Corporation SO I Spangler Road, 2nd Floor Camp Hill, PA 17011 ,-> ."", ';~ .-, -, \:-:' o ,.) David B. Dowling, Esquire Attorney J.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108.1146 (7 J 7) 233-5731 ATTORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN A. DOWLING, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYL VANIA Plaintiffs v. -0(Xl :?- N\ - d- q 1';1-. : NO. c>jl TERRY P. MCKINNON Defendant ~ B ;--:J .""\ -, . . . ........................................................................................ ,-:;', -":\ PRAECIPE TO ENTER JUDGMENT -'- "'.:;: '.. TO: THE PROTHONOTARY o I'-' Pursuant to Pa Rule of Conduct, Office Standards and Civil Procedure of District Justices 402D, kindly enter judgment in favor of Plaintiffs, David B. Dowling and Maril)n A. Dowling, and against Defendant, Terry P. McKinnon, in the amount of $5,624.00 in accordance with the certified copy of the Notice of Judgment! Transcript attached hereto and marked as Exhibit "A". RHOADS & SINON " avid B. Dowling One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: December 15,2003 Attorneys for Plaintiff ~9g.?40.1 EXHIBIT "A" COMMONWEALTH OF PE".' \NIA COUNTY OF: DAUPHIN 12-1-05 NOTICE UDGMENTtTRANSCRIPT PLA'NTIFF RESIDENTIAL LEASE r;: I . IIjAME Ind ACCilless DOWl:'ING, DAVID 213;1 SYACMORE DR RARilISBURG i [!A 17112 Mag. CiSl. No.; CJName; !-lon. GEORGE A. ZOZOS AOd",,, 538 S. 29TH STREET HARRISBURG, PA T"..h,,,,,, (717) 231-3500 17104-0000 DEFENDANT: NAME Ind ADDAess 'MCKINNON, TERRY ETA!. 801 SYCAMORE ST. APT/STE 2 C/O GENCO DISTRIBUTION'.' . ~S:ILL, PA 17011 Docket No.: LT- 0000758 - 03 Date F,iled: 10/14/03 VS. ',I' ~,---:)., "-.' ..J -, THIS IS TO NOTIFY YOU THAT: Judgment: Jl'O~ PT.... '"""'TPJl' [!] Judgment was entered tor: (Name) DOWLING, DAVID o Judgment was entered against MCKINNON, TERRY ETA!. lXJ Landlord/Tenantactionintheamountof$ 5,624.000n 10/28/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 . . Total Amount Establish~d bl!: DJ bess. Sec:urity Deposit ApQlisld _ = Adjudicated-.AmouDt Rent In Arrears $ 5,500.0 -$ .00 _ $ 5,500.00 Physical Damages Leasehold Property $ .00 - $ .00 = $ .00 DamageslUnjust Detention $ 00 - $ on = $ nn Less Amt Due Defendant from Cross Complaint - $ " 0 n Interest (if provided by lease) $ n n UT Judgment Amount $ "" "nn nn Judgment Costs $ 124" nn Attorney F,ees . $ n n Total Judgment $ 5,624.00 Post Judgment Crediis $ Post Judgment Costs $ Certified Judgment Total $ [!] Possession granted ff money judgment is no! salisneo DY lime or eVlcrlon. o Possession not granted. 0 Defend,lnts are jointly and severally liable. .\\~\I1Hnr/f/I/ IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEA"'.P.iW". :~ak.~~#r:F,OR POSSESSION WITHIN TEN DA YS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL wr:rft1$;'P~Ol(%Atl'fCis.;LERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APP~~6~:irHE M9NE....J.Ui:5~NT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTH~T~1'l."'CL~ O~,c"oU~THE LESSER OF . THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL.:IS FIl.f:[j,... .,...._ ....': ::. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOL~q,ATlCSIDE;NTIAL ~~1ijE PARTY HAS 30 DA YS AFTER THE DATE Of' ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF AP~L ~~l:PRO'rftONOT @mCLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ~ ",';. .. ,""!;'~' THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN.Tif1>J.~P;I'QR.M.:.WJ. T~HE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CrvlL PROCEDURE FOR DISTR.lqT-J~!.i.~. ~h.s;.~Jf,"::-'T~:~U~Nr HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FUR1;tl,E/'t~~~~r"Wfl1iFl?1tlE-FlioM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DIST!lllIT:Jp$TICE:,-' ::,.~.,;,. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ~);O~N'''EtR'E~!lI''''''FI!E JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SA TlSFACTlON WITH THE DISTRICT JUSTICE IF ~UOGMEI/1 DEBTeR ,,~\;S IN FULl, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ::: (] .. c ....~. :'; == : '. .:": - , , =.. . . - ~*\>..~. .' ."_ J '." -" DAVID DOWLING 2132 SYACMORE DR HARRISBURG PA 17112 in a (Date of Judgment) .00 o Attachment Prohibited! 42 Pa.C.S. g 8127 o This case dismissed without prejudice. o Possession granted. Date t att IS IS a true an -0.3 Date CERTIFICATE OF SERVICE I hereby certify that on this I,'~" day of December, 2003, a true and correct copy of the foregoing "Praecipe to Enter Judgment" was served by me!IIlS of United States mail, first class, postage prepaid, upon the following: I /. /'\, I". .~ /,/\, , I,^,,...~,(~' , ..' , ',' " ~) . ~ ~i::; _~' Cynthia L. Zucaro CERTIFICATE OF SERVICE I hereby certifY that on this 12th day of September, 2005, a true and correct copy of the foregoing "Uncontested Motion to Attach Wages Pursuant to the Landlord Tenant Act, 42 Pa. C.SA ~8l27(a) (3.1) (3.2), (c), (f), (h) and Cumberland County Rule 208.2(d)" was served by means of United States registered mail, postage prepaid, upon the following: Teny McKinnon 305 Allendale Way Camp Hill, P A 17011 (') r"'.J c:;__ (:_~-:> L' (I") ~_- :i ,.I (..> -p o ~n ..... -r i-;':U I'" -:-1(q c._" ) -, -- _..J :<. DAVID B. DOWLING, Plaintiff IN THE COORT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS TERRY P. MCKINNON, Defendant NO. 04-1461 CIVIL TERM ORDER OF COURT for contempt is dismissed. having appeared and answers the questions put to him, the citation AND NOW, this 25th day of A!1gust, 200'" the Defendar;t David B. DOwling, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Plaintiff, Pro Se Terry MCKinnon 305 Allendale Way Camp Hill, PA 17011 / ~L 'LfJAC'C y_.1 7' -01 4FJ -'v ,~ :mlc ()-.. . - ','.,,:n~) Ol.n! .! 'j,; 62 5nv gDOZ AHIJIOtJUHJ.'::XId 3Hl 30 '0"" ,,-. ncrll:1 ::J\.):':;':\',}-\.J::~ .. S jRECEIVED SEP 141005 c David B. Dowling, Esquire Attomey 1.0, No, 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O, Box 1146 Harrisburg, Pennsylvania 17108-1146 (717) 233-5731 ATIORNEYS FOR PLAINTIFF DAVID B. DOWLING and MARILYN DOWLING IN THE COURT OF COMMON PLEAS, CUMBERLAND CO., PENNSYLVANlA Plaintiffs CIVIL ACTION - LAW v. NO. 04-1461 TERRY P. McKINNON Defendant HONORABLE EDWARD E. GUIDO ORDER OF ATTACHMENT OF INCOME TO SATISFY LANDLORD-TENANT JUDGMENT UNDER RESIDENTIAL LEASE TO: Kams Quality Foods Ltd. 1200 Market Street Lemoyne, P A 17043 Pursuant to the laws of the Commonwealth of Pennsylvania the net wages of Terry McKinnon, Defendant/Tenant, currently of 305 Allendale Way, Camp Hill, Pennsylvania, are hereby attached to the following extent. You are directed to pay to the Prothonotary of the Court of Common Pleas of Cumberland County 10% of the net wages due the Defendant/Tenant. The attachment payment must be sent to the Prothonotary within fifteen (15) days of the date the Defendant/Tenant is paid. Checks should be made payable to "PIHhat ~t~ Bf~_\JiJfl~R~ C.'lRt:''', One Courthouse Square, Carlisle, PA lYIlIJ'd ~ . A IV/) 1J1A1f.//YAI lh W/"N~ 17013-3387. The order of attachment for damages arising out of a residential lease is binding upon you until further notice and shall have priority over any attachment, execution, gamishment, or wage attachment under state or local law except one relating to a support order or a prior attachment for damages arising out of a residential lease. You must commence the attachment of the defendant/tenant's income as soon as possible but no later than fourteen (14) days from the date of the issuance of this order of attachment. Your are notified further that pursuant to law: 1. The defendant/tenant has been notified that an order of attachment would be issued. 2. WiJlful failure to comply with this order may result in (i) your being adjudged in contempt of court with appropriate sanctions; (ii) your being held liable for any amount not withheld or withheld but not forwarded to the Prothonotary; and (iii) attachment of your funds or property. 3. The attachment of income or the possibility thereof as a basis, in whole or in part, for the discharge of an employee or any disciplinary action against or demotion of an employee is prohibited. Violation may result in (i) your being adjudged in contempt with appropriate sanctions; and (ii) an action against you by the employee for damages. 4. You must notify the Prothonotary when the defendant/tenant terminates employment and provide the Prothonotary with the employee's last known address and the name and address of the new employer, if known. 5. The maximum amount of the attachment shaJl not exceed 10% of the employee's net wages per pay period. The total amount of wages attached pursuant to this order shall not exceed $5,624.00. -2- 6. For the purpose of this order, "net wages" means all wages paid less only the following items: Federal, State and local income taxes; (i) (ii) F.I.C.A. payments and nonvoluntary retirement payments; (iii) Union dues; and (iv) Health insurance premiums. Date of Order: 10 IN/o ( J. -3- )"j,Nr,r..... """1":) '.,"il, OS :G! 11\1 S I JJD SOOZ