The URL can be used to link to this page

Home My WebLink About09-4571WILLIAM T. WALKER, Plaintiff V. PATRICIA RUZYCKI and MATTHEW SEEGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 001-LA CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter (1) Against PATRICIA RUZYCKI and MATTHEW SEEGER, Defendants, and (2) the Integrity Bank, Employer of Defendant PATRICIA RUZYCKI, and Sun Motor Cars, Employer of Defendant MATTHEW SEEGER. Date: June Zfe, 2009 c4f L L, JE IFER B. HIPP, ESQUIRE 1 W st Main Street Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 86556 Attorney for Plaintiff William T. Walker, Judgment Creditor-Landlord f... FILED-C) CFF TNT-;: -,r ;?i PAY L 2009 JUL S b PE" ?0 PX a?7 " 7 7 G 6 WILLIAM T. WALKER, Plaintiff V. PATRICIA RUZYCKI and MATTHEW SEEGER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment-creditor is William T. Walker, 170 Brindle Road, Mechanicsburg, Pennsylvania 17055. 2. The defendant judgment-debtors are Patricia Ruzycki and Matthew Seeger, whose address is 120 Virginia Beach Avenue, Carlisle, Pennsylvania 17015. 3. The employer garnishees are Integrity Bank, 100 Senate Avenue, Camp Hill, Pennsylvania 17011, employer of Defendant Patricia Ruzycki, and Sun Motor Cars, 6677 Carlisle Pike, Mechanicsburg, Pennsylvania 17050, employer of Defedant Matthew Seeger. 4. The judgment arises out of a residential lease for the premises at 9 B South York Street, Mechanicsburg, Pennsylvania 17055. 5. (a) The amount of the judgment is $2,757.45. (b) A security deposit in the amount of $625.00 is being held by the judgment creditor-landlord. This security deposit has not been applied to payment of rent due on the same premises for which the judgment has been entered. The amount of the judgment once the security deposit is applied will be $2,132.45. (c) The Defendant has not paid any money towards the satisfaction of the judgment. 6. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered in an action brought before a magisterial district judge. 8. The judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et. seq.) before a magisterial district judge, a copy of the complaint filed with the magisterial district judge is attached to this Notice as Exhibit "A", showing that the action arose from a residential lease. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: (O 7*01 VIZff 4& ( William T. Walker Judgment Creditor-Landlord COMMO4k' W YLVANiA COUNTY OR: CUM_r_?[tL ANd Magislerlal DIWIct WNW 09-3.05 SAW WMn#: Hen. MARK W. MARTIN Addre.t- 507 NORTH YORK STREET MECHANICSBURG, PA 17055 Tebohone: (717)766 4575 Amount nltA PAW Filing costs 'I ZrCv. 45 Q 1 ! Poets s Service Costs leo -N I Constable Ed. !710V ! ! Total S JJJ Z .()Q I 11 1 Pa.R.C P.D.J. No. 208 sets forth those Costs recowabie by the prevailing party. . AND LANDLO "I Tr=NAN,r CoNII . FL-04".1 of of., NAME e1W AWIM4e LV(CIL(JW4 T. WALke*_ (70 ??'cl N?CL,"-? vs. pANY: NAME end ADDRM PAT-RXC%A R.Am tCkt M fttM-_w S L R G- L R 16 S. 4C)RV ST- a?`) t CFf1?4ixcS Q ?>??, Ply . f T d SS f3tidtpt°rto.: L? ate Kited: L 12-t 4 -23-Q9 TO THE DEFENDANT: The above nferntan ptaut?ttntafasirss .?rrgar+? torgethe( with costs against you for the possession of tent pftobhy MW for: Lease ISW Residential ? Nonresidential. M Dams for injury to the real pro to wit; y.. 3 a dr in the art,ouril of: S y6 .45 j$ Damages for the unjust detention of the real prdpett in the amount of t 2'7r J-& 1 Z S Rent remaining due and unpaid on litho date In the ammount of I 'e (77.tit And additional rent remaining due and unpaid on holsrino date 3 2 Attorney fees in the amount of - • Total: x 113 L{S THE PLAINTIFF FURTHER ALLEGES THAT. I The location and address. if any, of the real property is ?. . Scrttl'kF.,'?'t}tRK S r`. a jM E7Nt+t~Nf?S t3k?tGp?¢ 2. The plaintiff Is the landlord of that property. 3. He leased or rented the property to you or to under Whor" you *S1111. a, Notice to quit was given In accoroaance with law, or No notice Is required under the terms of the lease. 5. The term for which the property was leased or rented Is ft,(ily<oMoid; or A forfeiture has resulted by reason of a breach of the conditirtns 6 the lease, to wit: a + ?? wAl, t ,? 3s?•.S ® Rent reserved and due ties, upon demand, remained unsatlead. ?' `f 6. You retain the real property and refuse to give up its possession. 1. W I U(4 64% TTfd KRs Vbt 1hst the facts set forth In in?s comolainf asevUg aril cirrres rotating to unsworn falsification to authorities. s of Sreatt 4904 otill Crimps CCoflt? (. T'A. G'9 § . 1?IE Helot IF YOU HAVE A DEFENSE to this complafnt.you may 01$6enlit el tltmft" I If yQ.y ?iAAVE A CLAIM against the ptaiitiiK;aritin obt:ol {h4pGG? or the premises, which is in the magisterial district juddQ 144d)0tipn end Intl+fid:to assert at the hearing, YOU MLfST F1L it on a compla at this snits BEFORE THE TIME set !or the tiesrinp 10 YOU .0.0 NOT A0. A'y tiA HP-ARING, a judgment for possi;0on oPv, ))%t6. alld to damages and rent if claimed, may nevertheless be entered agatnstyou. A ju*went aititnst you for possession may resuAih your EvtC*dN iron premises. if you are disabled and require a rstlsona>bie alaeon i41+t 11on l0 3 1 ' Q t14<.M891sterlal District Court end ftt services; pttaagcot M, agisteriat District Court at the above adid art ; a r *to ovide trans ottatlo m. Ir4f g MM¦f,l AI Tit riufnu' u hi Ri'cnrMi ,ifi sn.a-` • - I AOPC 31OA-05 J -d 96a299GGTG SO-EO-60 imno0 ioiaiSIQ Wd12:1+ 6002 SO unC FILE .. , t OF TH- 2009 JUL -9 Cu":.; WILLIAM T. WALKER, Plaintiff V. PATRICIA RUZYCKI and MATTHEW SEEGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O 1 KS :?_ I : CIVIL ACTION NOTICE OF INTENT TO ATTACH WAGES. SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by Sheriff) A judgment has been entered against you in court for nonpayment of rent for, or damages to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines - Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guideline 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. 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 ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines Pennsylvania Rule of Civil Procedure 3302(b) governs the attachment of wages, salary and commissions under Section 8127(a)(3.1) of the Judicial Code. The rule requires the prothonotary to attach to the Notice of Intent to Attach Wages "the most recent poverty income guidelines issued by the Federal Department of Health and Human Services as they appear on the web site of the Civil Procedural Rules Committee." The guidelines for 2009 are set forth in the following chart: 2009 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit Poverty Guideline Monthly Amount 1 $902.50 2 1,214.17 3 1,525.84 4 1,837.50 5 2,149.17 6 2,460.84 7 2,772.50 8 3,084.17 For each additional person, add 311.67 OF THE 2099 JUL -9 AM 9* 56 } CUM ?, :. JUL-09-09 THU 11:21 AM FAX NO. P. 03 WILLIAM T. WALKER, Plaintiff V. PATRICIA RUZYCKI and MA'I'r11F W SET GER, Defendants IN T11E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 09-4571 CIVIL ACTION NOTICE OF CLAIM OF EXEMPTION O WAGES FROM A'I'fACIIN4FN'I' To tho above-17amed 11lalntim The defendant in tho above-captioned matter has filed a claim for cxemplion from attachment of his or her wad es, salary of commissions. A copy of the claim is attached. If you wish to challenge [lie claim for exemption, you should file with the court a motion setting; forth facts which show that the defendant's net income is not below the Federal Department of Ilealth Lind Hainan Services poverty income guiclolincs or that the attaehmcnt will not cause the defendant's not income to fall below thoso poverty income Suiclclincs. Date: Prothonotary/Clerk, Civil Divisloll JUL-09-09 THU 1121 AM FAX NO. P. 02 WII,I:IAM I WAI.,KER, Plaintiff V. PATIZICIA RUZYCKI and MATTHEW SFEGBR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE'NNSYT,VANIA. :NO, 09-4571 CIVIL ACTION CLATrV1 FOR EXEMPTION FROM WAGE ATTACITM ENT NOTICE ('T'his Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of Ilie Notice of Intent to Attach Wages.) To ilia Prot honotary/Clcdc of Said Court; 1, the above-narned defendant, claim exemption of my wages, salary or commissions frorn attachment or1 the following ground: My net monthly income is below the poverty income guidelines as providcd by tlip,Fcderal Department of health and 1lurrtan Services. OR The amount of tivagcs to be attached would place my net income below tile poverty income guidelines as provided annually by theFcdcral. Department of Health and Iluman Services, I have (nuunber) dependents. My net ruorttltly income is $ (i k t rrionthly irtcotne is yotar total monthly wages less (1) any support payments made to the; court, (2) federal, state and local income taxes, (3) H.C.A. payments and nonvoluntary retirement paylnonts, (4) unic.)n duos and (5) ltcalth insurance prorniums.) I certify that the statements made in this Claim for.E?xemption are true and correct, I understand that false statements horcin are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Defetndant This claim shall be delivered or mailed to: Office of the Prothonotary/Clerk, Civil Division Court of Common I'luas Telephonc: Sheriffs Office of Cumberland County R Thomas Kline T Y Sheriff ?t? at ?u+t?brcf Ronny R Anderson ?t Chief Deputy ' Jody S Smith Civil Process Sergeant E T$ 4F "FF'C `='g "r",F'F Edward L Schorpp Solicitor William T. Walker Case Number vs. 2009-4571 Patricia Ruzycki SHERIFF'S RETURN OF SERVICE 07/10/2009 09:47 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Patricia Ruzycki, but was unable to locate him in his bailiwick. He therefore returns the within Notice of Intent to Attach Wages, and Certification by Judgment Creditor as not found as to the defendant Patricia Ruzycki. The Carlisle Postmaster has advised the defendant Patricia Ruzycki is not known at address 120 Virginia Beach Avenue Carlisle, PA 17015. An exact address is not available. 07/10/2009 09:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 2145 hours, he served a true copy of the within Notice of Intent to Attach Wages and Certification by Judgment Creditor, upon the within named defendant, to wit: Matthew Seeger, by making known unto Donna Seeger, Mother of defendant at 120 Virginia Beach Avenue Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.84 SO ANSWERS, July 16, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff I? Mercedes-Benz Sun Motor Cars, Inc. September 14, 2009 Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I have received a Writ of Attachment in the following case: William Walker vs. Matthew Seeger No: 09-4571 Matthew Seeger is no longer employed by Sun Motor Cars. Sincerely, U"k? Cheryl Scialpi HR Manager 717 691 2750 Mercedes-Benz - are registered trademarks of Daimler, Stuttgart, Germany. Sun Motor Cars, Inc. 6677 Carlisle Pike Mechanicsburg, PA 17050 Telephone: (717) 691-3333 Fax: (717) 691-8021 www.sunmotorcars.com OF THE PR' " ?„.')T4PY 2039 SEA' 16 F 1: 33 'i . 'ir WILLIAM T. WALKER, Plaintiff V. PATRICIA RUZYCKI and MATTHEW SEEGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4571 CIVIL ACTION PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON MATTHEW SEEGER To CURTIS LONG, PROTHONOTARY: A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland County Prothonotary's office against the Defendant, MATTHEW SEEGER, in the amount of $1,066.23. Please issue a Writ of Attachment of Wages, Salary or Commissions of Defendant, MATTHEW SEEGER. Mr. Seeger's employer is Sun Motor Cars of 6677 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. Mr. Seeger was served with a Notice of Intent to Attach Wages by the Cumberland County Deputy Sheriff on July 10, 2009. Defendant Seeger has not timely filed a claim for Exemption of Wages from Attachment. A copy of the Cumberland County Deputy Sheriff's Return of Service is attached hereto as Exhibit "A". DATE: GIt JENNIF B. IPP, Esquire Pa. I. E. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON MATTHEW SEEGER upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Sun Motor Cars 6677 Carlisle Pike Mechanicsburg, PA 17050 Matthew Seeger 120 Virginia Beach Avenue Carlisle, PA 17015 Date: 7) N 1 Jennif B. Hipp, Esquire Pa. I. 91. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 2 Sheriffs Office of Cumberland County Thomas Kline Sheriff mttcrhbrr? Ronny R Anderson Chief Deputy ? ' --`` Jody S Smith Civil Process Sergeant cS OF "I` RIFF Edward L Schorpp Solicitor William T. Walker vs. Patricia Ruzycki Case Number 2009-4571 SHERIFF'S RETURN OF SERVICE 07110/2009 09:47 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Patricia Ruzycki, but was unable to locate him in his bailiwick. He therefore returns the within Notice of Intent to Attach Wages, and Certification by Judgment Creditor as not found as to the defendant Patricia Ruzycki. The Carlisle Postmaster has advised the defendant Patricia Ruzycki is not known at address 120 Virginia Beach Avenue Carlisle, PA 17015. An exact address is not available. 07110/2009 09:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 2145 hours, he served a true copy of the within Notice of Intent to Attach Wages and Certification by Judgment Creditor, upon the within named defendant, to wit: Matthew Seeger, by making known unto Donna Seeger, Mother of defendant at 120 Virginia Beach Avenue Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.84 July 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ?- L? L Deputy She iff EXHIBIT 4 FILED-01-l- 'CE OF THE r: ,") `-",-lN 0TAPY 2009 SEP 10 Pi l 12: 1 PEN,,?,GYW", v{N. .$s4. gq - eaF a4. oo - u 4 10(o. o9' ->ao A-r" WILLIAM T. WALKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION MATTHEW SEEGER, No. 09-4571 -Civil Term Employee TO: SUN MOTOR CARS 6677 Carlisle Pike Mechanicsburg, PA 17050 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $1,066.23 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: WILLIAM T. WALKER within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: MATTHEW SEEGER 120 Virginia Beach Avenue Carlisle, PA 17015 Any questions should be directed to the Plaintiff-Creditor: Jennifer B. Hipp, Esquire One West Main Stree Shiremanstown, PA 17011-6371 717-737-8761 ID# 86556 Date: 9/10/09 C .Lon , P of Costs: $106.09 By Deputy: .. I have received a Writ of Attachment in the following case: Plaintiff No of Year Defendant You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: Date: The following person, Or is no longer and employee (___) has never been (___) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary (Seal of the Court) Deputy