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HomeMy WebLinkAbout10-5409?'' --.,,_COMMONWEALTH OF PENNSYLVANIA (-(M INTY nF• CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. .CLEMENT, Address: 400 BRIDGE ST OLDE TOWNE COMMONS NEW CUMBERLAND, PA Telephone: (717 ) 7 7 4 - 5989 JR -SUITE 3 17070 /lam - s'4?G ?r t C.'? NOTICE.OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rWALKER, WILLIAM T 7 170.BRINDLE ROAD MECHANICSBURG, PA 17055 L J vs. DEFENDANT: NAME and ADDRESS rBAILEY, MARK 726 ALLENVIEW DR MECHANICSBURG, PA 1705 WILLIAM T. WALKER L -! 170 BRINDLE ROAD Docket No.: LT-0000331-10 MECHANICSBURG, PA 17055 Date Filed: 6/18/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF - ?X Judgment was entered for: (Name) WALKER, 'WILLIAM T Judgment was entered against BAILEY, in a X? Landlord/Tenant action in the amount of $ ' 4,398..00 on 6/28E10- (Date of Judgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 750.001 The total amount of the Security Deposit is $ .00 Total Amount Established btr MppJ Less Security Depos'It Applietltl = Arjudicated Amount Rent in Arrears $ to A - $ .0 0= $ 60Q•. 00 Physical Damages Leasehold Property 3.635.00-$ .00= 3.635.00 Damages/Unjust Detention _ 00 - $ -on- Less Amt. Due Defendant from Cross Complaint - $ .00 Interest '(ifprovided by lease) $ -nn L/T Judgement Amount $ 4,219-nn ? Attachment Prohibited/ Judgment Costs $ 163 00 42 Pa.C.S: § 8127 . Attorney Fees $ -00 ? This case dismissed without prejudice. Total Judgment $ 4,398.00 ?X Possession granted. Post Judgment Credits $. Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is n sa Is ie y time o eviction. ? Possession not granted. 0 Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FO POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/ LERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL,WILL INCLUDE AN APPEAL OF THE MONEY JUDG NT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS; THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COUR S THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOIN-1 COME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pe.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDIN THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, HE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOT RY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL.DIVISIO.N. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH HE 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 CO E FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMEN 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. ;. ?.6 ; Date fV Magisterial Dis rict Judge If: r o con alning t e Judgment. cern that this isa true an o r ct co o re 2P 8/19/10 Date , Magisterial District Judge MX com5A-mission expires first Monday of..January, 2014. C 31 08 SEAL AO aora t ?Q 907 <<: ?3 $.2 7. )-S- ?c-L PA-' p -4 C02 q 1.. 9 os?> WILLIAM T. WALKER Plaintiff V. MARK D. BAILEY Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION Issue a Notice of Intent to Attach Wages in the above matter (1) Against Mr. Mark D. Bailey, Defendant (2) Simplex Grinnell, Employer of Defendant, Mark D. Bailey Date: ,.s't- 14 K zow W&M. (• hUAl&./ William T. Walker, Plaintiff 170 Brindle Road Mechanicsburg, Pennsylvania 17055 Telephone: 717-697-3292 Judgment Creditor-Landlord r - S ??l•UD l??L'Fr ?-av?gss' N Q r.J o t. 3. WILLIAM T. WALKER, : IN THE COURT OF COMMOM PLI IAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARK D. BAILEY Defendant . NO. : 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-debtor is Mark D. Bailey, whose address is 726 Allenview Drive, Mechanicsburg, Pennslvania 17455. 3. The employer garnishee is Simplex Grinnell having a mailing address o co",*, re 0e'*ba Aftx4s ; 1 7,awtd ce-ore* RO• eCCA ft7xW, FLA. 3486 4. The judgment arises out of a residential lease for the premises at 111 B South Spruce Street, Shiremanstown, Pennsylvania 17011. 5. (a) The amount of the judgment is $4,398.00. (b) No security deposit is being held by landlord, William T. Walker, Plaintiff. (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. DJ. 301 et. Before a magisterial district judge, a copy of the complaint with the Magisterial district judge is attached to this Notice as Fxhibit "A", showing that the action arose from a residential tease. I certify that the statements made in this Certification are true and are correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. J 4904 relating to unsworn falsification to authorities. Date: rr n x' 2+01 o VhL;fXJ-L---e William T. Walker Judgment Creditor-Landlord O I OZ/b I/8 juiad/woo•Isanbdptu•Avtkm//: dl4u Jno o; a2J6e noA sueaua;sanodeyq}o asn Jno),, ;sanodew;o asn ,not, uroJ; 6ui;insaJ Aeiap Jo ssoi Aue Jo; noA o} aigeii aq;ou heels siailddns sp pue;sanC)deN asn;o Asp Ile awnsse nox ssausnoippadxa Jo A;yiigesn a;nor Jo suo±;ipuoo peoJ ';ua;uoo Jiay;;o Amnaoe ay; uo sai;ueJJeM ou ajeiu 9M Aiuo peuoi;euiJop! aJe sdew pue SU0110aJin COMMONWEALTH OF PENNSYLVANIA •- COUNTY OF: CUMBERLAND A7aglsterial District Number: 09-1-01 Districl Justice Name: Hon. Charles A. Clement, Jr Address: Olde Towne Commons 400 Bridge St-Suite #3 New Cumberland, Pa. 17070 Telephone: (717)774-5989 INASS P%-- =nx: _ _??PITNEY BOWES 021 P $ 000.440 r 00031 31 925 JUN 18 2010 MAILED FROM ZIP CODE 170 70 TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property for: Lease is ®' Residential ? Nonresidential. Damages for injury to the real r30R. balk t' a Ncet,a I a t ZS 14l-ot-w Rort. f-ICNT 4tf r the unjust LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS 1 ?v f3F?r?D?? »2p ? ?7? jf`?I trzl+?-N lCS Qt?,d2G, ?',4 • {'7oS S (Phone: '71`7 691- 3ZRz. FAX q'`7. 32s' -z _j VS. DEj E nNDANT: NAME and ADDRESS 111 (3 S?, S P('?+?ce- S?' SffIRLs-Mf}?s?'?NI !'?- fro(( one: Docket No.: LT-0000331-10 Date Filed: 6 18 / 2 010 AMOUNT Filing Costs $ 138.00 Postage $ Service Costs $ --20.00- Constable Ed. $ 5.00 Total $ 163 00 rtv wtt.olr Q5r1%AF-y' l.p..us.e IcAaswit. a t0 S' eAT-UINC-N I Veo A%Lt11? SMRNA. ,Res Otw .las_? ,? e„ + W!p??,,,,- o In the amount of: the real property in the amount of Rent remaining due and unpaid on filing date in the amount of d And additional rent remaining due and unpaid on hearing date /-f Ae,?..j --fir 7/31/^3e THE PLAINTIFF FURTHER ALLEGES THAT: Total: 1. The location and address, if any, of the real property is I (i l3 S. S PRkcc S r• S4 1jzk-" deo 2. The plaintiff is the landlo d f th DATE PAID 6/ 18/ 10 -.6/ 18/10 6 / 18/ 1 6/ 18/ 10 19lS.i 6 00, Or, Qcro . <:b r o at property. YEs tiWN,YA 3. He leased or rented the property to you or to M p el< j3Aii(:-,j Z SONS under who you claim. 4. Notice to quit was given in accordance with law, or No notice is required under the terms of the lease. 5. E] The term for which the property was leased or rented is fully ended, or - 5 ``"' 1 -°?t"klu?- 7 t (3t. pro.tK forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: 00vif; DAI!,IAr, 7o P1 kiltw - •"•"` `•"`a t? hrt = 00'jk r*IwUL o ^ seat 612lc' F'M k DR, C'n/ rltkc or, ? Rent reserved and due has, upon demand, remained unsatisfied. ROU3 -$-kMeb10 wAU.$Dc)o VAR A) 6. You retain the real property and refuse to give up its possession. Iza a4- 051, I W t l.Lt?y ?tyt?S GJ?-t-kt:? S?aRS AG/frNsr t,,,,?,??. L gF?nc :9rt,cAOyOzw„sverify that the facts set forth in this compla nt are true and correct to the best of my knowledge, information and belief. This statement is made subj o the penalties f Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relating to unsworn falsification to t ' ie sc.M-. ?Y (Signature of Plaintiff) IF YOU HAVE A DEFENSE to this complaint hearing `(Phone) tAo ress) the premises, which is in the district justice jurisdiction and which youe tend to . IF assert 0 at he hearing, YIOU MUSTtFWE it otn a complaint BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for d claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the prem If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, p Magisterial District Court at the above address or telephone number. We are unable to Drovida tranannr+nt•i- the occupancy of Tn at this office cages and rent if contact the Rraw1~ AOPC 310A-02 t<BMSMS and Summary of Testimony May be R orded on WILLIAM T. WALKER, Plaintiff v. (40) lc D. 6nme Y Defendant IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLV NO. 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 nonp? of rent for, or damages to, residential property that you rente The judgment creditor-landlord has begun proceedings to attach your net wages, salary or commissions for each pay period until judgment is satisfied. The following exception will prevent your wages from bein attached: Poverty Guidelines - Your wages may not be attached if yo income is below the poverty income guidelines as provided annu the Federal Department of Health and Human Services or if the , of the attachment would cause your net income to fall below th, poverty income guidelines. A copy of the guideline is attache, this notice. OF IA yment 3. 10% of the ?r net lly by mount to 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 CAN TELEPHNE BELOW THIS HAVE OFFICE IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 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 MAY B ABLE OFFER LEGAL 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 Se ices 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 Monthl 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 WILLIAM T. WALKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. h A,AK D. 90mr= y :CIVIL ACTION Defendant CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE (This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages.) To the Prothonotary/Clerk of Said Court: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as p ovided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below t e poverty income guidelines as provided annually by the Federal Department of Health and Huma Services. I have (number) dependents. My net monthly income is $ (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I and rstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating t unsworn falsification to authorities. Date: Defendant This claim shall be delivered or mailed to: Office of the Prothonotary/Clerk, Civil D vision Court of Common Pleas Telephone: WILLIAM T. WALKER, Plaintiff V. MORK Q SWLIEV Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named Plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from att, his or her wages, salary or commissions. A copy of the claim is attached. If you wish to ch claim for exemption, you should file with the court a motion setting forth facts which she defendant's net income is not below the Federal Department of Health and Human Servic income guidelines or that the attachment will not cause the defendant's net income to fall t poverty income guidelines. Date: hment of lenge the v that the s poverty low those Prothonotary/Clerk, Civil Division SHERIFF'S OFFICE OF CUMBERLAND COUNTY ALE)-OM- CE Ronny R Anderson ALE)-O OF TNr ,^,T Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF "."F T :" "?? RIFF 10 SEP -9 AM 8: 45 CuIVSEi:r -, r BOUNTY PENNSYLVANIA William T. Walker vs. Mark D. Bailey Case Number 2010-5409 SHERIFF'S RETURN OF SERVICE 09/02/2010 12:32 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 2, 2010 at 1232 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Mark D. Bailey, by making known unto himself personally, at 4700 Westport Drive, Suite 1800, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.94 September 03, 2010 RO RT BITNER, DEPUTY SO ANSWERS,, RONITY R ANDERSON, SHERIFF (oi CountySuite She9ff Te!eo=osr. Inc. ~ ., WILLIAM T. WALKER, TN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V . No ~ Oip - 5`~Oq o NARK 0. 8A iIEY CIVIL ACTION ~ -~~ N ~- ^+ , Defendant ~ z~ ~ ~ m ~ ~~ w Ica G© '^[~ ~Q ~ ~ ~ "" ~ ~ -rl ~ PRAECIPE FOR ISSUANCE OF WRIT OF ATTACY~TT C ~ N ~ ~ OF WAGES UPON N14R1~ D. ~ 8AltEY -- ~ -~ w -ter To: MR•ORV 1D (;LLfLtJpROTHONOTARY A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland County Prothonotary's office against the Defendant, MRR1~ p, (3AlLEY in the amount off N~ 3 q ~?. Op Please issue a Wr,i t of Attachment of wages, Salary or Commissions of Defendant, M/}R,K p, ga.{LE-Y , !`'lR. ~3gitt'Y s employer is 51i"1PLF')C GRf NN~LL of ~oRroRAhEN~RD~dF~~s~ 1 fbwN CririNR RO~QotA RA~'bM~FI. ~3.Y~G, MR, 8/~llt ~ ~,~s served with a Notice of Intent to Attach Wages by thecw~be•laa.( County Deputy Sheriff on SfPi' 2, Zofo , Defendant OAt~frf has not timely filed a clai!~ for Exemption of Wages from Attachment. A copy of theCwr-4e~1.+$ County Deputy Sher' ff' s Return of Service ~~.s attached hereto as Exhibit "A". ~~ Y~~/ (v'~QI2d{v l~. _._ Inrl4t.t8M '11f+n1}s Wd}~kER, NANO coR.o ~s . X59.9+{ _ P ~ Pty a'1.a5- C'~ a~.oo N ~ ~l ~ . ~q Po Pc.~' 6~1.L ~ NANCY WALKED 170 BRINDLE ROb4D MECHANICSBURG, PA 17056 717-697-3292 (H) 717-576-166? (Cell) 717-697-8262 (Fax) (fir-+ oP ~i'~4:('~ri1Enf ~I~: ~ ~ ~ _~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~rt~' ~S+Eruu~6rr#~~~ Jody S Smith ~~ ChiefDepufy Richard WStewart ="~ Solicitor ~ ~ ~E R)~ William T. Walker Case Number vs. Mark D. Bailey 2010-5409 SHERIFF'S RETURN OF SERVICE 09/02/2010 12:32 PM -Robert Bitner, Deputy Sheriff, who-being duly sworn according to law, states that on September 2, 2010 at 1232 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Mark D. Bailey, by making known unto himself personally, at 4700 Westport Drive, Suite 1800, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.94 ~. September 03, 2010 RO RT BITNER, DEPUTY q SO ANSWERS, =~-- RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. 1 r ~ ~ ~O1'~'y"~1a~esP ~wcerC S•if~ Icb car l~sllt PA ~ poi 3 ~' ~~~ ~ ZYO- (,/qs CERTIFICATE OF SERVICE I , W lLl lA,l'1 ~' MIfS 4f/~K~R~ hereby certify that I am this day serving the foregoing PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON MAiZ~c p. (3g~~FY upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at /''JE~~ftANlcSq~ef~G~ Pennsylvania, addressed as follows SII`t PC.EJr C~ Rt N N E LL CoRP~RAT't' if l= AOdIk~RT~'~.S l 1ZswN c~Tz~ tto~. i3ocA R Atac~ ~ F~ , 3 3 y~ 6 I`i ASK D. 8 R~ ~~ Y y7oo wesTPoRT OR. Sct ~ ~ f ~'oo M~`cN~p+'~~ B4~c.~ Pl4• r joss Cce ~ ~c 8 ND C.oct N tY ~` ~ ~~ Jt~ rl~~Zr, ~ a ry~ ~~ lo~tg~2.oto I to QRIN~E (~. Mt2NAu~cs$42G.~ PA. t'1 oS;S 7i~• 641-3t4 Z WILLIAM T. WALKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION MARK D. BAILEY, No. 10-5409 -Civil Term Employee TO: SIMPLEX GRINNELL Corporate Headquarters 1 Town Center Rd Boca Raton, FL 33486 1tE: 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.LC.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $4,398.00 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: 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: Mark D. Bailey 4700 West Port Drive, Sutie 1800 Mechanicsburg, PA 17055 Any questions should be directed to the Plaintiff-Creditor: William T. Walker, 170 Brindle Road, Mechanicsb PA 17055 - 717-697-3292 Date: 10/-19!10 Davi uell, Pro onotary Costs: _$111.19 By Deputy: /0 - 5'{09 l.~i v• l T SimplexGrinnell LP 1>er/~ 50 Technology dnv~'s ~ Westminster, MA 0~1 -_ ~~ ~ P:978-731-896 ~"1 a F:978-731-7180;,- %~ '~°=' use .~ - - ~~ -~ ~~ I have received a Writ of Attachment in the following case: ~~ w _~ Plaintiff W - I ~ f<~ ~ Wccl key v. Defendant Yvl~,r k ~ ~ 13g- `e ~ i No [D,~~~~ C~U/I~/N~fYear o?0/0 The following person, YY~~~ k ~- ~ ` P `~ has never been (~) Or is no longer and employee ~ ) Date: QC',~' a:g ~ a ©ti O o/_ ignature of Employer C.7.. 'i°t --I ~~ ~ ~' ~~ a .~Q ~-~ ~~ ~~, ®~ D -C 'fir-e,n~+~~,~~ For ~~v~t~e~exGrinre U Print name of Employer T2C-~1 Y1 c~1 sky ~fZ ~ u 'L Address T Address ~ ~I ~ ' 1 3~ - gQ to c~- Telephone # For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court) WILLIAM T. WALKER, Plaintiff V. MARK D. BAILEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o- ' CIVIL ACTION PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON MARK D. BAILEY To: MR. DAVID BUELL, PROTHONOTARY: 4 i?iz ?? we ..?r- Cl) a t o CDR A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland County Prothonotary's office against the Defendant, Mark D. Bailey in the amount of $4,398.00. Please issue a Writ of Attachment of Wages, Salary or Commissions of Defendant, Mark D. Bailey. Mr. Bailey's employer is ATD (American Technical Development) of 323 Parkway Drive, Wheaton, IL 60187 (Attention: Jessica Hogan). Mr. Bailey was served with a Notice of Intent to Attach Wages by the Cumberland County Deputy Sheriff on September 2, 2010. Defendant Bailey has not timely filed a claim for Exemption of Wages from Attachment. A copy of the Cumberland County Deputy Sheriffs Return of Service is Attached hereto as Exhibit "A". Date: I Z 2 0 o s Z^? , 2S , "145 6 F Zy, o 0 s sq.9y " ?? ? i i . 19 Pa tPl F? ?.q t?D l.? iZ p BILL & NANCY WALKER 170 BRINDLE ROAD MECHANIC, PA 17055 717-697-3292 (M 717-576-1667 (Cell) 717-697-5252 (Fax) W,,+ 0 'F A*FCcbwe•c? rrsJed. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy .ic Richard W Stewart Solicitor 0 E C THE S' -AIFr William T. Walker I Case Number vs. 2010-5409 Mark D. Bailey SHERIFF'S RETURN OF SERVICE I 09/02/2010 12:32 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 2, 2010 at 1232 hours, he served a true copy of the within Notice of intent to Attach Wages, upon the within named defendant, to wit: Mark D. Bailey, by making known unto himself personally, at 4700 Westport Drive, Suite 1800, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY SHERIFF COST: $59.94 3 - September 03, 2010 EXHIBIT ? Q a SO ANSWERS, RON R ANDERSON, SHERIFF (Ci CouniySuile Shenff, 7eleosoft. Mr. No. 1 0 -'S4 d l To: Mr. David Buell, Prothonotary 1 Courthouse Square, Suite 100 Carlisle, PA 17013 717-240-6195 CERTIFICATE OF SERVICE I, WILLIAM THOMAS WALKER, hereby certify that I am this day serving the foregoing PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON MARK D. BAILEY upon the following named individuals this day by depositing same in the United Sates Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: ATD (American Technical Development) 323 Parkway Drive Wheaton, IL 60187 Attention: Jessica Hogan Mark D. Bailey 4700 Westport Drive Suite 1800 Mechanicsburg, PA 17055 Date: William Thomas Walker 170 Brindle Road Mechanicsburg, PA 17055 (717) 697-3292 WILLIAM T. WALKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION MARK D. BAILEY, No. 10-5409 -Civil Term Employee TO: ATD (AMERICAN TECHNICAL DEVELOPMENT) 323 PARKWAY DRIVE WHEATON, IL 60187 (ATTENTION : JESSICA HOGAN) 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 $$4,398.00 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: WILLIAM THOMAS 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: MARK D. BAILEY 4700 WESTPORT DRIVE SUITE 1800 MECHANICSBURG, PA 17055 Any questions should be directed to the Plaintiff-Creditor: WILLIAM THOMAS WALKER, 170 BRINDLE ROAD, MECHANICSBURG, PA 17055 717-697-3292 (H) 717-576-1667 (CELL) 7V-69Z-3252 (FAX) 1, /") 1??l Date: NOVEMBER 23, 2010 uell, Proth otary COS 5- 111 .19 v r You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: I have received a Writ of Attachment in the following case: Plaintiff No of Year The following person, Or is no longer and employee (_) Date: v. Defendant Signature of Employer has never been (__) Print name of Employer Address Address Telephone # For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Sea] of the Court)