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HomeMy WebLinkAbout10-7683,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CD],iijgg~AAm Mag. Dist. No : - 09-1-01 MDJ Name: Hon. CHARLES A. CLE1~N'P, Address: 400 BRIDGE ST OLDE TOWNS COMMONS NEW CUMBERLAND, PA Telephone: (717 ~ 774 - 5989 JR -SIIITE 3 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rWALRER, WILLIAM T ~ 170 BRINDLE ROAD MECHANICSBIIRG, PA 17055 L ~ VS. DEFENDANT. NAME and ADDRESS. rSCHWBITZER, JOSHUA ~ 111 S SPRUCB ST APT/STE C SHIREMANSTOWN, PA 17011 WILLIAM T. WALKER L_ J 170 BRINDLE ROAD Docket No.: LT- 0000510 -10 MSCHANICSBURG, PA 17055. Date Filed: .9/27/10 ,i ~9`` ~. THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF -- ~ Judgment was entered for: (Name) WALKER, ~PILLIAM ~ Judgment was entered against SCSfif/EITZ$R, JOSHIIA in a X^ Landlord/Tenant action in the amount of $ 2,165.50 on 10/12/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 675.00. The total amount of the Security Deposit is $ . 00 Total Amount Established b MQJ Less ~ Security Deposit Applied = Rent in Arrears $ 1,~3 .00 - $ .00= Physical Damages Leasehold Property $ . 00 - $ . 00= Damages/Unjust Detention $ 200.00 - $ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ^ Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ^ This case dismissed without prejudice. ^X Possession granted. ^ Possession granted if money judgment ^ Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amount $ 1,833.00 .00 ~ .200.00 $ _00 $ _00 $ 2,033_00 $ 132_50 $ _00 $ .2,165.50 ^ 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 SUPERSEDERS, 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. HOWEVER, LOW-INCOME AND/OR. SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No, 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS; CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER. THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT QF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1v/'1c/1.{ Date ~~~(/~~0 L(- ~'-^'~P~/U ,.Magisterial District Judge ~~ cern t at t Is Is a true an rr ct co y o ere o t o contarrnng t e lu gment. ~„~ 12/6/201~ate ,Magisterial District Judge M~r commission expires first Monday of January, 2014 • SEAL AO C 375A-08 ~F THE Pgp 0FFICE THONO?qRY 1BF@DfC I4 PM I: 13 CUMBERi YLVANIgNiY PEfp~ ~~f .~ ~l~ 1~~1 h ~sayo y ,~c~~x m WILLIAM T. WALKER Plaintiff v_ JOSHUA SCHWFIT~ER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~- ~Le~3 ~/v~~ 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 Mr. Joshua S. Schweitzer, Defendant (2) Romano's Macaroni Grill, 925 Plaza Blvd., Lancaster, PA 17601 ,Employer of Defendant, Joshua S. Schweitzer Date: December 14, 2010 William T. Walker, Plaintiff 170 Brindle Road Mechanicsburg, Pennsylvania 17055 Telephone: 717-697-3 292 Judgment Creditor-Landlord p OA~ '~~~a~ P~ ~9J'h Asa Na y -;~ ._7 ~: ~ -~ ~~ ~ ~~~ ~~ ~ ~~ fo ,._4 T~ ~~~.' ~-~ WILLIAM T. WALKER, Plaintiff v. JOSHUA S, SCHWEITZER Defendant IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Joshua S. Schweitzer whose address is 102 Flamingo Drive, Mechanicsburg, Pennsylvania 17055. 3. The employer garnishee is Roman's Macaroni Grill, having a mailing address of 925 Plaza Blvd., Lancaster, PA 17601. 4. The judgment arises out of a residential lease for the premises at 111 C South Spruce Street, Shiremanstown, Pennsylvania 17011. 5. (a) The amount of the judgment is $2,165.50. (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. 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 with the Magisterial district judge is attached to this?v=oticc~ a~ Exhibit "A", showing that the action arose from a residential lease. I certify that the statements made in this Certification are true and are correct. I understand that false statements herein aze made subject to the penalties of 10 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: C Z ~ (~ ('Zo ~ o ~ ~</ William T. Walker Judgment Creditor-Landlord GOMM©NWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Magisterial District Number. 09-1-01 District Justice Name: Hon. Charles A. Clement, Jr Address: Olde Towne Commons 400 Bridge St-Suite #3 New Cumberland, Pa. 17070 Telephone: {717)774-5989 y~ ~~e~ .~~,f~~~ •ri.a ~, ~s. ~ S, N ~ P 'd T x ~ . ,saaa~:; 1J'°..r7F.ai'~..,SSGA! ...G~..,;~: al~rwc., tzsswrs~: ,~». 'a `~' _~ ~ ~~ri'!ri yl'r7 COD 1 , ~ L 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. Dama f ~ 20.00 9 / 19 / 10 $ 5.00 9 / 19 / 10 $ 132.50 9 / 19 / 10 ~ ges or Injury to the real property, to wit: ~u,~p 1~ yam- f l~~r ~~~ ~~~~ ~„ in the amount of: Damages for the unjust detention ofi the real property in the amount of fo~S .i~l~'1`t~ ~-"~'" ~ (~Nktsc.~lJ Rent remaining due and unpaid on filing date in the amount of 61s LEZSn~ G na ic~•t~s~ -!'~ G ~r ~ ~,~ btt.~a+f And additional rent remaining due and unpaid on hearing date ~t~cs'` ~ ~ 6 7~• rn~ $ ~ Z 6lS,w THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ _~ p 1, ~ , 1. The location and address, if any, of the real property is I11C S, SPJZ~u: Si'~ 2. The plaintiff is the landlord of .that property. 3. He leased or rented the property to you or to ~St++c~} S~~w~IT.u~ under wh om you claim 4. a Notice to quit was given in accordance with {av~ . /, or No notice is required under the terms of the lease. 5. ^ The term for which the property was leased or rented is fully ended, or A f rt i o e ture has resulted by reason of a breach of the conditions of the lease, to wit: j=~ltw. ec ~ Ply ~Gtsj~ t_pY>ac ~ _ ® Rent reserved and due has, upon demand, remained unsatlsfled. o 6. You retain the real property and refuse to give up its possession. I, ~1VtLC1A+M T t-~-AtkC-~ 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 sub o the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to i ?L f GG (Signature of Plaintiff) (Plaintiff's Attorney) (Address) ( ) F YOU HAVE A DEFENSE to this com taint ou ma g (Phone) he premises, which is in the district juste a jurisdiction and which you i tend to assert0 t he hearing~YIQU MUSTtF4,LElat on a complairitt formeat th spofficeof 3EFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for darrlages and rent if ;laimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. f you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the ilagisterial District Curt at the above address or telephone number. We are unable to provide transaortation. LANDLORD AND TENANT COMPLAINT Pt_AINTIFF: NAME and ADDRESS ~,IJ W (ll1 M9~n T ~ f~Lkt-'(Z I Z o E'x2t N ~Ctti; (~D r`lesZr~+r~ttSf~dt.~,1'13- i?~sS X47-3Lgz frNl Phone: SSG-t6~1 ~i'ek)FAX (047-32-SZ VS. DE~F~IDANT: NAME and ADDRESS LPhone: ~b5t!FkY} SCR-wC~r~~ I t i C s, SP,2t.:J~- ~. S t-1f RL~"+r~tt.5 Tewt~C ~ ~'!}. f ?d I f DocketNo.: LT-0000510-10 Date Filed: a , ~ ~_ - '21 SC''P f, Ica 1~ -~~`~+ y '~ = =~' - Filing Costs Postage Service Costs Constable Ed. Total AMOUNT DATE PAID $ 107.50 ~~ 9! 19 / 10 $ / / - Remarks and Summary of Testimony May be Recorded on AOPC 310A-02 WILLIAM T. WALKER Plaintiff v. JOSHUA S. SCHWEITZER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION NOTICE_OF_INTENT TO ATTACH WAGES. SALARY OR COMbIISSIONS Date of service of this Notice: (Date to be inserted by Sberitl~ 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 yow 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. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proccedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise Oby 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 Famil 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 erson, add 311.67 '~PviLLIAM T. WALKER, Plaintiff v. ~O5 i~~ S• SCNw~~rz~R Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION 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: 1vly 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 wouldplace my net income below the p:bvet~y income guidelines as provided annually by theFederalDepartment of Health and Human 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 foi~ Exemption are true and correct. 1 understand chat 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: OCourtof Common Pleasry/Clerk, Civil Division _/ Telephone: W ILLIAM T. WALKER, Plaintiff v, SUS ~R S. SCNw~ ~T7.c~ Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 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 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 1-Iuman Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty income guidelines. Date: Prothonotary/Clerk, Civil Division SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor V 1 1 ?.? ?- I i? L? ?y P E N N S Y LVAs11 William T. Walker vs. Joshua Schweitzer Case Number 2010-7683 SHERIFF'S RETURN OF SERVICE 12/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Joshua Schweitzer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Notice of Intent to Attach Wages according to law. 12/29/2010 01:30 PM - Sheldon Marshall, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2010 at 1330 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Joshua Schweitzer, by making known unto Maria Marlin, adult in charge at 202 April Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the s e. SHELDON MARSHALL, DEPUTY 12/29/2010 03:30 PM - Lancaster County Return: And now December 29, 2010 at 1530 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Joshua Schweitzer by making known unto himself personally, at Ramano's Macaroni Grill, 925 Plaza Boulevard, Lancaster, Pennsylvania 17601 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $80.94 January 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF OFFICE e SHERIFF 50 NORTH DUKE STREET, P.O. BOX 634ab, CANC. ;TER, r ENNSYLVANIA, 17608-3480 - (717) 299-8200 SHERIFF SERVICE PLEASE MAKE SURE FORM PRINTS PROCESS RECEIPT, and AFFIDAVIT of RETURN LEGIBLY 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER 2010--765 ---- William T. Walker i 3. DEFENDANT/S/ 4. TYPE OF DOCUMENTTO BE SERVED Joshua Schweitzer Notice/ Complaint SERVE 5• - NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED cn Joshua Schweitzer H 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) H AT POE: Roman 's Macroni Grill, 925 Plaza Blvd, Lancaster, PA 17601 7 INDICATE U NI ICI JAI CERIF• DEPUTIZE !._... ETHER Now, 20_,1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland County NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same withouta watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR Print Name 10. TELEPHONE NUMBER 11. DATE Sheriff of Cumberland County 717 240-6390 112/13/2011 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BEI_OW:(This area must be completed if notice is to be mailed) - --------- ------- 1 Cumberland COunty Sheriff's Office, One Courthouse Square, Carlisle, PA 17013 13.1 acknowledge receipt of the writ NAMt of autnorizea Lc.:>U veputy or Uerlc l °f. Udte rtecerveu t ?. LnNu auUt u t icai a IV vaw or complaint as indicated above Yve t Turco 717 723-4519 12/20/2010 . 01/12/2011 16.1 Hereby CERTIFY an RETURN that i )Oye personally served, ' ave legal evidence o service ass own in " el?marks", I ave execute as shown in "Remarks", the writ or complaint descr ed on the individual, company, corporation, etc., at the address shown above or on the individual, com any cor oration etc. at the address inserted below b handin a TRUE and ATTESTED COPY thereof. 17. I ere certi an return a N T FOUND ecause I am una a to ocate t e in ivl t a, om an ,cor oration, etc., name above. 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. r- No Service See Remarks Below Address of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 20 21, Date of Service 22. Time PM . Boro, TV/P, State and ZIP Code) , OWQXV,N ( -z? Cal 6 CAU_ ) I E.S.T .D.s.i 23. Attempts Date Miles Del Dat M iles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int 912 ,a 121 e F cam 24. Advance Costs 25. Service Costs 26. Notary Costs 27. M7 l age/Postage/N.F 28. Total Costs 29. COST DUE OR REF ND 0 ?ftb$150.00 $36.50 ? , SD .? R# 30. Remarks: N-" elr>'t-ser of f r.-P cosy /"GV T .T 31. ANFIRMED and subscribed to before me this 34. day of 37 Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES SO A SWER. 32. S' ep. eriff LI 33.Date'? _?4 e 35. Signatur 36. Date Terry ergman SHERIFF OF LANCASTER COUNTY PA WILLIAM T. WALKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION JOSHUA SCHWEITZER, No. 10- 7683 Civil Term Employee TO: ROMANO'S MACARONI GRILL 925 PLAZA BLVD. LANCASTER, PA 17601 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 $2,165.50 (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: ROMANO'S MACARONI GRILL 925 PLAZA BLVD. LANCASTER, PA 17601 Any questions should be directed to the Plaintiff-Creditor: William T. Walker, 170 Brindle Road, Mechanicsbu A 17055 (717) 697-3292 Date: 02/04/2011 Davi tho tary Costs: $132.19 By Deputy: 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 v. Defendant No of Year 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: David D. Buell, Prothonotary Deputy (Seal of the Court) WILLIAM T. WALKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. 10.10-76? ? -, `?' JOSHUA SCHWEITZER CIVIL ACTION a ma = Defendant n r r c LO `j c, PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT' OF WAGES UPON JOSHUA SCHWEITZER - C) > To: MR. DAVID BUELL, PROTHONOTARY: A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland County Prothonotary's office against the Defendant, JOSHUA SCHWEITZER in the amount of $2,165.50. Please issue a Writ of Attachment of Wages, Salary or Commissions of Defendant, JOSHUA SCHWEITZER.. MR. SCHWEITZER'S employer is Romano's Macaroni Grill of 925 Plaza Blvd., Lancaster, PA 17601. MR. SCHWEITZER was served with a Notice of Intent to Attach Wages by the Cumberland County Deputy Sheriff on December 29, 2010 and also by the Lancaster County Sheriff on December 29, 2010. Defendant Schweitzer 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" Also, a copy of the Lancaster County Deputy Sheriffs Return of Service is attached hereto as Exhibit "B". Date: February 4, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ,, ?tkrr: , Chief Deputy Richard W Stewart Solicitor William T. Walker vs. Case Number Joshua Schweitzer 2010-7683 SHERIFF'S RETURN OF SERVICE 12/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Joshua Schweitzer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Notice of Intent to Attach Wages according to law. 12/29/2010 01:30 PM - Sheldon Marshall, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2010 at 1330 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Joshua Schweitzer, by making known unto Maria Marlin, adult in charge at 202 April Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy ;L ':?? . SHELDON MARSHALL, DEPUTY 12/29/2010 03:30 PM - Lancaster County Return: And now December 29, 2010 at 1530 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Joshua Schweitzer by making known unto himself personally, at Ramano's Macaroni Grill, 925 Plaza Boulevard, Lancaster, Pennsylvania 17601 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $80.94 January 04, 2011 EXMeeir „A„ v;a ?1p,S?;i Pr?T g1PJt Y? Q..S .. 2 1A CUGg637.4gy 40 SO ANSWERS, RONW R ANDERSON, SHERIFF COUNTY OF CUMBERLAND office of The Sheri 303 i Courthouse Square, R Carlisle, Pennsylvania 17013 SHERIFF S OFFICE (E 76' 50 NORTH DUKE STREET, P.O. BOX t340,'LANCA>TER, `r'ENNSYLVANIA, 17608-3480 - (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT of RETURN 1. PLAINTIFF/S/ William T. Walker PLEASE MAKE SURE FORM PRINTS LEGIBLY 2. COURT DOCKET NUMBER .-. --...2010-7683------- j. UthtNUAN I /5/ 4. TYPE OF DOCUMENT TO BE SERVED Joshua Schweitzer Noticed Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED J(Y8hua Schweitzer 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) POE: Romano's Macroni Grill, 925 Plaza Blvd, Lancaster, PA 17601 7. INDICATE ICATFUNUc;IJAI-SFRVICE• DEPUTIZE 7' OTHER Now, 20_,1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of _ County to eyecute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland County NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR Print Name 10. TELEPHONE NUMBER 11. DATE Sheriff of Cumberland County ; 717 240-6390 12/13/2011 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, PA 17013 13.1 acknowledge receipt of the writ or complaint as indicated above Yvet 16. 1 Here y R I Y an URN t at I shown in "Remarks", the writ or complaint descr company cor oration etc. at the address inserter 17. I ere y certi y an return a NOT 18. Name and title of individual Served(if not IvHnnt or authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date Turco 717 723-4519 12/20/2010 01/12/2011 personally served, I have legal evi ence o service ass own in "Remarks", [.- have execute as on the individual, company, corporation, etc., atthe address shown above or on the individual, elow b handin a TRUE and ATTESTED COPY thereof. N because I am unable to ocate the individual, om an cor oration etc name a o above) (Relationship to 20. Address of where served (Complete only it different than shown above)(Stre Boro, TWP, State and ZIP Code) 23. Attempts Date t iles DeAl? Dat Miles Dep. Int Date I la?? 6 it as. ?? CQ 24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Po R# Lbo$ $150.00 $36.50 G, 30. Remarks: 1J? S?r¢?an ?-? ???s ply of T.A.: Wr IS I T 31. A .,IRMED and subscribed to before me this 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES ve, lant) 19. I- No Service See Remarks Below or RFD, Apartment No., City, 21. Date of Service 22. Time A PI E.S.T .C t 10-di 0 33 es Dep.lnt Date Miles Dep.lnt Date Miles IDep. Int e/N.F f rvIr lcy:v? erry 28. Total Costs 129. COST D ? -? u Ili 3 H n n H N i SO A SWER. SSA U - Sep. eriff 33.Date 36. Date man SHERIFF OF LANCASTER COUNTY PA Nn. 10-7683 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 JOSHUA S. SCHWEITZER 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: Romano's Macaroni Grill 925 Plaza Blvd. Lancaster, PA 17601 Attn: Accounting Department Scott Schweitzer 102 Flamingo Drive Mechanicsburg, PA 17055 Attn: Mr.. Joshua Schweitzer Ms. Maria Marlin 202 April Drive Camp Hill, PA 17011 Attn: Mr. Joshua Schweitzer Date: February 4, 2011 William Thomas Walker 170 Brindle Road Mechanicsburg, PA 17055 (717) 697-3292