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HomeMy WebLinkAbout10-58174Lr~-Or Fii;t= ~~~ T~~ ~rs0~N0310TARY 20tD ~~P 23 P~ 3= i ~' ,Ut°~~ER>_~~1D COU~iTY p~~~~SYI.~lAP~1A NED S. KERSTETTER and JILL S. KERSTETTER, Plaintiffs v. JAMES M. GRIMM and DEBRA D. GRIMM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 05817 CIVIL ACTION -JUDGMENT PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES Pa.RC.P. Rule 3311 To the Prothonotary: Please issue a Notice of Intent to Attach Wages in the above-captioned matter: 1) Against James M. Grimm, Defendant, 2) Against J. B. Hunt Transport, Inc. and J. B. Hunt Transport Services, Inc., employer of the Defendant. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Doug as G filler, squire Supreme ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: September 23, 2010 Attorney for Plaintiffs ~F•ao P~ Airy C* (olo9(p ~a~8~9o CERTIFICATION BY JUDGMENT CREDITOR -LANDLORD 2. The Plaintiffs judgment-creditors are The Defendant judgment-debtor is: The employer garnishee is: James M. Grimm 3. 4 5 Ned S. and Jill S. Kerstetter 151 Mt. Zion Road Carlisle, PA 17015 455 Kerrsville Road Carlisle, PA 17015-9421 J. B. Hunt Transport Inc. and/or J. B. Hunt Transport Services, Inc. 615 J. B. Hunt Corporate Drive Lowell, AR 72745 The judgment arises out of a residential lease for the premises at: 1462 Newville Road Carlisle PA 17015 (a) The amount of the judgment is $2,992.50 . (b) A security deposit in the amount of $1,000.00 was paid by the judgment- debtor and was held by the judgment creditors-landlord. This security deposit X has been applied to the physical damages caused by the judgment- debtors and has not been applied to payment of rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached). (c) The amount of 0.00 has been paid toward satisfaction of the judgment (Do not include the security deposit). (d) The amount of the filing fees is 147.25 . (e) T'he amount of the Sheriff Service fees is 100.00 . (f) The amount of post judgment interest is 115.12 . (g) The amount of post judgment attorney fees is 500.00 . WHEREFORE, the total amount requested for Wage Attachment is $3,854.87. 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 (check one): in a civil action commenced in the Court of Common Pleas. X in an action brought before a Magisterial District Judge. in an action commenced in the Philadelphia Municipal Court. 8. Check the appropriate paragraph and attach the required documents: x (a) If the judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et seq.). before a Magisterial District Judge, a copy of the complaint filed with the Magisterial District Judge is attached to this Notice, showing that the action arose from a residential lease. (b) If the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et seq.} before a Magisterial District Judge, copies of the appropriate Magisterial District Judge records are attached showing that the action arose from a residential lease and that the Defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the Defendant. (c} If the judgment was entered in the Philadelphia Municipal Court in which the Defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), a copy of the complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease. (d) If the judgment was entered in the Philadelphia Municipal Court in which the Defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(B}, copies of the appropriate Philadelphia Municipal Court records are attached showing that the action arose from a residential lease and that the Defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 9/23/10 Judgment Creditor-Landlord 2 ;COMMONWEALTH OF PENNSYLVANIA . _.-- COUNTY OF: CUMBERLAND 09-2-01 District Justice Name: Hon. PAULA P. CORREAL Address: 2260 SPRING ROAD SUITE 3 CARLISLE, PA 17013 Telephone: (717)218-5250 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS ~ Ned and Jill Kerstetter ~ 151 Mt. Zion Road Carlisle, PA 17015 ~ VS. ~ DEFENDANT: NAUIE and ADDRESS f James and Debra Grimm ~ 1106 Hudson Street Harrisburg, PA 17104 L_ ~ Docket No.: CV-5-10 Date Filed: 1/5/10 , t~ AMOUNT DATE PAID FILING COSTS $ / / SERVING COSTS $ / / TOTAL $ 120.00 01/06/10 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for S 2992.50 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): The Grimm's were renting a house from us for $1165.00 per month. That included the house rent, a barn rent on the back of the property, extra rent for pets, trash bill and water & sewer bill. They owed $80.00 from August, $1165.00 from September, $1165.00 from October and $582.50 for half of November. That totals: $2992.50. The property they were renting is at 1462 Newville Road, Carlisle, PA 17015. We have atwo-yea- signed lease from May 2008 to May 2010. I, Ned S. Kerstetter verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904} related to unsworn falsification to authorities. ®~~ ~ ~ ~° ( lgnature of Plainti or Authorized Agent) Plaintiff's Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a c<:aim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A (12-1-98) NED S. KERSTETTER and JILL 5. KERSTETTER, Plaintiffs v. JAME5 M. GRIMM and DEBRA D. GRIMM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 05817 CIVIL ACTION -JUDGMENT NOTICE OF INTENT TO ATTACH WAGES. SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by the Sheriff) A judgment has been entered against you in court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines -Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the Prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There maybe other legal grounds for opposing the wage attachment that you maybe 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 whne the attachment is to satisfy a judgment for physical damages to the lease 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 2 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." Pursuant to a notice published in the Federal Register, Vol. 75, No. 148, August 3, 2010, pp.45628-45629, the 2009 poverty income guidelines have been extended through the remainder of 2010. Accordingly, the guideline figures for 2010 are set forth in the following chart: 2010 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Famil Unit Poverty Guideline Monthl Amount 1 $902.50 2 1,214.16 3 1,525.83 4 1,837.50 5 2,149.16 6 2,460.83 7 2,772.50 8 3,084.16 For each additional erson, add 311.66 Source: http://aspe.hhs.gov/poverty/ NED S. KERSTETTER and JILL S. KERSTETTER, Plaintiffs v. JAMES M. GRIMM and DEBRA D. GRIMM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 05817 CIVIL ACTION -JUDGMENT 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: I, the above named Defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have (insert number) dependants. 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: This claim shall be delivered or mailed to: Office of the Prothonotary Court of Common Pleas of Cumberland County One North Hanover Street, Carlisle, PA 17013 (717) 240-6195 Defendant NED S. KERSTETTER and JILL S. KERSTETTER, Plaintiffs v. JAMES M. GRIMM and DEBRA D. GRIMM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 05817 CIVIL ACTION -JUDGMENT NOTICE OF CLAIM OF EXEMPTION To the above-named Plaintiffs: The Defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the 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 Health and Human Services poverty income guidelines or that the attachment will not cause the Defendant's net income to fall below those poverty guidelines. Date: Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sherfff ~$ttktSp 01 4itltiG~r~r~~ Jody S Smith Chief Deputy l~ ~ . ~~. . ~~ . ~•, Richard W Stewart Solicitor ~~~~F,::c ;r - - u~~~,>:~ Ned S. Kerstetter Case Number vs. James M. Grimm 2010-5817 SHERIFF'S RETURN OF SERVICE 09/28/2010 02:25 PM -William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1425 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: James M. Grimm, by making known unto himself personally, at 455 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to hirr) personally the said true and correct copy of the same. IA CLINE, DEPUTY SHERIFF COST: $33.84 September 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~_ ~,) ~ 3 -.~ ~~ t'3't C7 C~ "~'~ 3 `~°t `E ~ +~ ~j ~ C 3 "Y't ..~© ..~~ r`~~ W ~~ .,..{ .-~ C..7 C~ ~' ~-' (cl CouofySurte She,iff. Te;eosvfT. Iru;. NED S. KERSTETTER and JILL S. ICERSTETTER, Plaintiffs v. JAMES M. GRIMM and DEBRA D. GRIMM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • ~ ,~ NO. 2010 - 05817 ..~, ~ ~ --+ rn C° c~ ~ rn CIVIL ACTION -JUDGMENT ~ r ~ ~, _~ ~~ ~„ ~ o ~~ ~~ 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: I, the above named Defendant, claim exemption of my wages, salary or commissions from attachment on"the following ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have ~ (insert number) dependants. 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: .~ ~ ~ Defendant This claim shall be delivered or mailed to: Office of the Prothonotary Court of Common Pleas of Cumberland County One North Hanover Street, Carlisle, PA 17013 (717) 240-6195 PERIOD END DATE 10/16/10 CHECK DATE 10/21/10 COMPANY DRIVER SETTLEMENT SUMMARY We are pleased to announce Self-service Verifications! Any time you can get to a computer, you can request an employment or wage verification to be sent to a lender. Log into Connections Chttp://connections.jbhunt.com): Select MY INFORMATION, PAYROLL, and then click on the MYUERIFY link. Complete the information and hit nSUBMIT". You can preview your document then press CONFIRM when you are ready for it to be sent. That is all there is to it! NAME JAMES GRIMM 1462 Newville RD Carlisle PA 17015 ************************** WEEKLY INFORMATION BEGINNING ARREARS BALANCE 10/10/10 TOTAL EARNINGS TOTAL REIMBURSEMENTS TOTAL DEDUCTIONS ENDING ARREARS BALANCE 10/16/10 NET PAY ************************* NET PAY DISTRIBUTION DIR DEP #1 DIR DEP #2 DIR DEP #3 DIR DEP #4 DIR DEP #5 COMDATA TOTAL PAY DISTRIBUTION **************************** TOTAL EARNINGS MILEAGE PAY OTHER EARNINGS BONUS TOTAL EARNINGS TOTAL MILES ************************* TOTAL REIMBURSEMENTS PER-DIEM REIMBURSEMENTS TOTAL REIMBURSEMENTS **~**~********************* TOTAL DEDUCTIONS PRE-TAX DEDUCTIONS VOLUNTARY DEDUCTIONS TAXES TOTAL DEDUCTIONS ALPHA CODE GRIJ73 EMPLOYEE ID 166109 BUS UNIT JBI00 LOCATION MIDPA01 DISPATCH CODE: B3C $0.00 5853.40 50.00 5231.46- 50.00 5621.94 5621.94 50.00 50.00 50.00 50.00 50.00 4 *e************************** 5485.28 5368.12 50.00 6- 1,348 e***********e************ $0.00 50.00 ~~ 587.06- 59.01- 5135.39- PAGE 2 COMPANY DRIVER SETTLEMENT JAMES GRIMM ALPHA CODE GRIJ73 EMPLOYEE ID 166109 PERIOD END DATE 10/16/10 CHECK DATE 10/21/10 ******************* BEGINNING ARREARS BALANCE DETAIL *******~******~**** ACTUAL DESCRIPTION BEGINNING DATE ARREARS TOTAL BEGINNING ARREARS BALANCE ~p,p0 ************************ WEEKLY DETAILS BY LOAD *************~*~*~****~* LOAD END PAY DESCRIPTION UNITS RATE AMOUNT NUMBER DATE CODE PAID 4072773 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4034942 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4047490 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4014165 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 3996685 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4013660 101610 DRO ORDER PAY DETAIL 1 27.5000 527.50 4047735 101610 DRO ORDER PAY DETAIL 1 27.5000 527.50 4078188 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4060509 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4039559 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 3802871 101610 DRO ORDER PAY DETAIL 1 27.5000 527.50 4091373 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4095613 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 4078187 101610 DRO ORDER PAY DETAIL 1 17.5000 517.50 TOTAL ~2 ,'~ *******~********* EARNINGS NOT COVERED IN LOAD DETAIL ******~*~********~ DATE DESCRIPTION RATE UNITS ITEM TOTAL 101610 RAIL DELAY A T PS 14.500 0.25 53.62 101610 RAIL DELAY A T H! 14.500 1.00 514.50 101610 TENURE 8 HUB FLAT RATE 00.360 146.00 552.56 101610 TENURE & HUB FLAT RATE 00.360 319.00 5114.84 101610 TENURE & HUB FLAT RATE 00.360 200.00 572.00 101610 TENURE & HUB FLAT RATE 00.360 309.00 5111.24 101610 TENURE 8 HUB FLAT RATE 00.360 374.00 5134.64 101610 Paid Time Of f 00.000 0.00 575.00 101610 Driver Work Hours 00.000 52.75 50.00 TOTAL-OTHER EARNINGS ******************** ** CAS H TICKET REIMBURSEMENTS ********************** ACTUAL LOAD DESCR IPTION EXPECTED AMOUNT AMOUNT DATE NUMBER AMOUNT PD/TAKEN NOT TAKEN TOTAL OTHER REIMBURS EMENTS -gip ~;Op ~0,~j~ ************** VOLUNTARY DEDUCTIONS NOT COVERED IN LOAD DETAIL ************* ACTUAL DESCRIPTION EXPECTED AMOUNT AMOUNT DATE AMOUNT TAKEN NOT TAKEN 101610 Medical Deduction 578.10- 578.10- 50.00 101610 Dental Deduction 55.70- 55.70- 50.00 101610 Vision Deduction 53.26- 53.26- 50.00 101610 Supp AD/D Deduction 53.32- 53.32- 50.00 101610 Driver Disability S5.69- 55.69- 50.00 TOTAL DEDUCTIONS ~9 , p-'- ~y96 , 0~- ~~p - COMPANY DRIVER SETTLEMENT PAGE 3 JAMES GRIMM ALPHA CODE GRIJ73 EMPLOYEE ID 166109 PERIOD END DATE 10/16/10 CHECK DATE 10/21/10 ************************** CURRENT PAY SUMMARY ************************* EARNINGS: REGULAR EARNINGS NON-PAID IMPUTED EARNINGS VOLUNTARY PRE TAX DEDUCTIONS Medical Deduction Vision Deduction Dental Deduction TOTAL PRE TAX DEDUCTIONS TOTAL TAXABLE WAGES PAYROLL TAXES: FED STATUS ST STATUS M-002 PA M-002 FICACEE) MEDICARE CEE) FEDERAL TAX(EE) STATE TAX PA SUE TAX PA LOC TAX PA LOWER SWATARA LOC TAX PA LOWER SWATARA TWP TOTAL TAXES VOLUNTARY DEDUCTIONS PER DIEM REIMBURSEMENTS NET PAY 578.10- 53.26- 55.70- 547.52- 511.11- 543.89- 523.53- 50.68- T 57.66- 51.00- ~_ 5853.40 50.00 587.06- 5135.39- 50.00 50.00 COMPANY DRIVER SETTLEMENT PAGE 4 JAMES GRIMM ALPHA CODE GRIJ73 EMPLOYEE ID 166109 PERIOD END DATE 10/16/10 CHECK DATE 10/21/10 **e*****~**************** YEAR-.TO-DATE SUMMARY ************************~ TAXABLE EARNINGS REGULAR EARNINGS 531,913.80 NON-PAID IMPUTED EARNINGS 50.00 DEDUCTIONS: PRE-TAX DEDUCTIONS: Medical Deduction Vision Deduction Dental Deduction TOTAL PRE TAX DEDUCTIONS TOTAL TAXABLE WAGES PAYROLL TAXES: FICA TAX WITHHOLDING FEDERAL TAX WITHHOLDING LOC TAX PA LOWER SWATARA LOC TAX PA LOWER SWATARA TWP MEDICARE STATE TAX WITHHOLDING STATE UNEMPLOYMENT TOTAL TAXES VOLUNTARY DEDUCTIONS PER DIEM REIMBURSEMENTS NET PAY 54,022.72- 5177.20- 5326.04- 51,698.05- 51,162.65- 5273.90- 542.00- 5397.12- PA 5840.81- PA 525.53- 4~+ 0.06- ****~**************** ENDING ARREARS BALANCE DETAIL ACTUAL DESCRIPTION DATE TOTAL ENDING ARREARS BALANCE 54,525.96- 5'~I ,~$'f . 84 54,440.06- 5488.19- 50.00 50.00 5 ,49. ***~**e************* AMOUNT -~~ NED S. KERSTETTER and JILL S. KERSTETTER, Plaintiffs v. JAMES M. GRIMM and DEBRA D. GRIMM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 05817 CIVIL ACTION -JUDGMENT NOTICE OF CLAIM OF EXEMPTION To the above-named Plaintiffs: The Defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the 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 Health and Human Services poverty income guidelines or that the attachment will not cause the Defendant's net income to fall below those poverty guidelines. Date: Prothonot