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HomeMy WebLinkAbout10-7834t Joy G. Burkholder In The Court Of Common Pleas 315 Avon Drive Of Cumberland County, Pennsylvania Cazlisle, PA 17013, Plaintiff vs. Docket No. LT-0000104-10 ~-~ ' c.:. a ~-> -~ Russel Strohecker Civil Action -Law ~,~ a -.~ Shana Strohecker ~~~~ % z~ ~ ~~ 1723 Basildon Road f~" ~~ 3~ ~'` ~ m SC Mount Pleasant 29466 ~ Q ..~ , Chazleston County, a .~,, s-, ~ ~ ,~ ~ ~ Defendant "° ~. C ~, "-= c~ c .~' E,~ra c.1 y> -v° PREACIPE TO ENTER JUDGMENT Please enter judgment in accordance with the District Court judgment in favor of the Plaintiff and against the Defendant in the amount of $8,178.50. A copy of the judgment is attached and marked as Exhibit A. Date: 2~ Z~ - L ~. ~~~ as ~y ~~y~~s ~~~ u~~( ,~'-C-~ asa~/s r~af~cc ~~~ 'George F. Douglas, III, `Esquire Attorney ID # 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: 717-249-6333 Fax: 717-249-7334 Attorney for the Plaintiff .. - - _~_ -.. c. ~.., f COMMQNWEALTH OF PENNSYLVANIA NOTICE OF JUDGME NIPT • , CouNTY oF: cu~ERi~xn RESIDENTf.A~~A ~ Mag. Dist. No.: ' PLAINTIFF: NA ar~dADD~SS ; w`, ~ 09 - a - oa rsvRxHOLn$R, sOY ~ ~~, -®~,~; ~ MDJ Names Hon. ~ ~~~ ~ ~ ~ ^~ 315 AVON DRIVE ~ ~ -, ~ JSpSSIC~ "BR$~BAKER ~ ~ CAitLISLS, PA 17013 .,, Address: lg N I~ANOV$R` ST STl3 106 L_ r~ ,~. ~ ~ J CARLISLE., PA VS. ~`_ ~" ',A, DEFENDANT: NAME and ADppESS ~' ~~ is~.. F . re~e~ho;~~ (717,1 X40 - b564 .: < ,~ `17013 r$TROHBCRSR,',,R~$$~,, ST AL .; 331 "NEST .RIDG$``ST. ,, ` ATTORNEY FOR PLAINTIFF CARLISLE,w'PA 17013 ', .~.. . L ~~, J GEORGE F. DOIIGLAS III ` ~, SIIITE 1 APT/ST$ Docket No.: L`T~ OQ~O`~04=10 -.354 AT.Rxa->"rnER SPRING RD bate Filed: : 4./Z6/'~0 ` CARLISL$ PA 17Q13 - - `.' 9 THISIS TO,NOTII~Y YOU THAT: '` `_=-~-Jt.IdgtTleTtt:-""';_ .; . '. FOR PLA1'!O'F=FF __ . ~-- ®Judgment was entd`for.~>" (Name) , EURIQ'~OI~Di~R; ~' G ~ -=_ .. n Judgment was entered against - STROHECRER, SHANA in a Landlord/Tenant action in the amount of $ 8,178 . SO on 5/10/10. (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 635.00. The total amount of the Security Deposit is $ 675.00- Total .Amount Establishedd b MppJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 8,00.00 -- $ .-00= $ 8, 0.00.00 Physical Damages Leasehold Property- $ . 00 - $ . 00 ~ $ . 00 Damages/Unjusf Detentron $ , 00 - $ _ 0~ - $ _ 00 `Less Amt Due Defendant from Cross Complaint: -, $ _.Op Interest {if provided by tease) $ _ ~~ L/T Judgment Amount ~ ~, nrin _ o0 A Attachment Prohibitecif Judgment Costs $ 17"8 _ 42 Pa.C.S. `8127 Attorney Fees $ oo . This case dismissed without prejudice. Total Judgment $ 8,178.50 Possession granted. Possession granted if money judgment Post Judgment Credits Post Judgment. Costs Certified Judgment Total ran n twin inn - IN AN ACTION INVOLVING A R /!S ,. THE RIGHT TO APPEAL FROM A JUDGMENT FOR PQSSESSION WITHIN TEN DAYS AFTER THE PATE OF ENTRY OFJUDGMENT BY FILING A NOTICE OFAPPEAL 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 OEROSIT WITH TH€ 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. 1F 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'1N 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/1'RANSCRiPT FARM WITH THE'NOTICE OF APPEAL. EXCEPT AS.OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL, DISTRICT JUDGES, 1F THE JUDGMENT HOLDER'ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURT1iER PROCESS'MUST COME Fi;UM THE COURT OF GO~tiVION''PLEAS'AND 1~Ir7t~URTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . .UNLESS THE ~JUDQMENT IS ENTERED IN THE COURT OF COMMQN PLEAS; ANYONE INTERESTED fN THE JUDGM.F?NT MAY FILE A REQUEST'FOR ENTRY OF SATISfACT10N WITH THE MAGISTERIAL-DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS iN FULL, SE7TLES,OR,OTHERWISE,COMPLIESWITHTHE~JUDGMENT: '~ .'~-1:13--~0 ,~,;...~--._ Date C.+GI C.~ ~ ~' ,Magisterial District Judge c m t at t Is Is a t a an corr c opy o e recur o t e procee Ings contalnmg t o to gment. p,~,b ~ Date ~ ,Magisterial District Judge M~/ commission expires firs, onday of January, x012 AOPC 315A-0A - .TEAL COMMONWEALTH OF PENNSYLVANIA (:(ld IPoTY l1F• L`IIliIjBRRT.AN11 Mag. Dist. No.' a9-2-02 MDJ Name: Hon. JS$SICA B1tEf~TBAR,ER Address: 18 N HANOVER ST STE 106 ~ - CARLISLE, PA ieiepnone: (7'17) 240 - 6564 17013 JESSICA BREWBARER 18 N HANOVER ST .STE 106 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rBIIRRHOLDER, JOY G ~ 315 AVON DRIVE CARLISLE, PA 17013 L. .J VS. DEFENDANT: NAME and ADDRESS rSTROHECKER, RUSSEL, ET AL. .331 WEST RIDGE ST CARLISLE, PA .17013 L J Docket No.: LT - 0000104 -10 Date Filed:: 4/26/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) BIIRIQiOLDER, JOY G Judgment was entered agairist STROHECKER, RUSSEL in a 0 Landlord/Tenant action in the amount of $ 8,178.50 on 5/10/10 (Date of Judgment) .The amount of rent per .month, as established by the. Magisterial District Judge, is $ 635.00. The total amount of the Security Deposit is $ 675.00 Total Amount Established b MDJ Less • Security Deposit. Applied. = Adjudicated Amount Rennin Arrears $ 8,00.00 - $ .00= $ 8, 000.00 Physical Damages Leasehold Property $ . 00 - $ - . 00= $ . 00 Damages/Unjust Detention $ _ 00 - $ _ 00- $ _ 00 -.Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ _ 00 UT Judgment Amount - $ 8 000.00 - Attachment Prohibited/ Judgment Costs $ ~ 178.50 42 Pa.C.S. §-8127 Attorney Fees $ _ DO This case dismissed without prejudice. Total. Judgment $ 8,178.50 Possession granted. Post. Judgment Credits $ - Post Judgment Costs $ Certified Judgment Total $ .Possession granted if money judgment is no sa Is le y Ime o evlc lon.• <,~ s,x,.~;n 4 ~'t, '%ct § •~~~t : .~~+ ~. ~ ~.,.~ a a,~s s ~r ~C q' a '.'F„ x '~ - ~T M` ~' 7~ 4' ~'r; S ~' ~'}~ : ~,.~` ~ ' t' n° '~r`r~ k e ~ w~ , Y ;,~"aiF"~i ~ g""K~. ~'~ss~~~on r'~Cit r~ari~ed• ~. "D"etr~dants are ~0~1 and seve~al~k Ila~le: - IN AN ACTION INVOLVING A RE~~~1TfA~"L?'E~1SE;N~PA •e ~ A'S' 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 PLEA, 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 S TENANTS SHOULD REFER TO Pa.R.C.P..M.D.J. No. 1.008 OA 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 ACOPY OF-THIS NOTICE OF JUDGMENT/TRANSCRlPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGM-ENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF 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 MAGISTERIALDISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS 1N FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ` ~ , ~ ~-i -t~ ~ ~? Date ~ , M.agisteeia,: District Judge• certl y t at t Is Is a tr e a Corr Ct, opy o t e recor o t e procee Ings contalrnng t o Ala gment. - ate .. ~- ; Magisterial~District Judge M~,cornmission expires fi # onday of January, 2012 • SEAL f tL Joy G Burkholder 1 315 Avon Dr Carlisle, PA 17013 r-na) - *2 zrn x.. r-- 2 z m Plaintiff In Pro Per n 3 r— c� 4 Cumberland County Courthouse C:, c=� 6 )Joy G Burkholder, Case No.: LT-0000104-10 7 ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff, OF JUDGMENT 8 vs. 9 Russel Strohecker, 10 Defendant 11 12 COMES NOW Joy G Burkholder, Plaintiff in the within matter and hereby provides the 13 following in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on'or about 5/10/10. 15 2) THAT Plaintiff Joy G Burkholder was awarded against Defendant Russel Strohecker the 16 sum of$8,178.50. 17 3) THAT there have bee,010 renewals sitice the entry of said judgment by this court and that 18 Plaintiff Joy G Burkholder has received $0.00 of judgment from Defendant Russel 19 Strohecker. 20 4) THAT Joy G Burkholder of 315 Avon Dr Carlisle, PA 17013 is the judgment creditor of 21 record. 22 5) THAT the last address of record for the judgment debtor is 331 West Ridge St Carlisle, 23 PA 17013. 24 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and 25 interest in the within judgment to the following person: 26 Michael Carducci 27 D/B/A MDC Judgment Recovery 28 r PO Box 52 Mount Holly Springs, PA 17065 1�9•S'U f� to "AcknowlPdrnnent of AssicmmPnt of JudrnnPnt" - 1 I, 1 717-609-0178 2 7) THAT I hereby authorize Assignee, Michael Carducci DB/A MW Judgment Recovery, 3 to recovery, compromise, settle and enforce said judgment and I withdraw all right and 4 claim to same. 5 6 Signed this day of MO(Ch , 201 at City and State . 7 e 9 PY7 Burkholder 10 11 CUM'MONWEALTM OF y f naw+N s a 12 ! east rTtWft FMi "Pubk 1. My COMMOM d 13 aN1.7, !4 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Arknowledament of Assianment of Judgment" - 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA mrowi CIVIL DIVISION 76 3 �- Atrkhv Id er PRAECIPE FOR WRIT OF EXECUTION []Confessed Judgment Gedvcc" 0 Plaintiff ther VS. /704-5 File No. Amount Due J D Defendant Interest b ( Address: Atty's omm Zc I f 4Q 6 costs, e" r Its fie) �h /7013 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail inst0>rn;5t s contract,or account based on a confession of judgment,but if it does,it is based on the appropriate:t n' gi "J i;ai proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of_ -k ot, K _4Aa- County,for debt,interest and costs,upon the following described property of the defendant(s) 'S PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of neake&?, County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) ecb�-r �apfk era>4"yi J�v A L Aftt(five; ,L 4v k and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the C7 defendant(s)described in the attached exhibit. Date� Signature: Print Name: akch"t Address: A0 ONC 5'�c - Attorney for: Telephone: -717, 6q ?`— al 76 Supreme Court ID No: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2010-7834 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MDC Judgment Recovery Joy G.Burkholder Michael Carducci P.O. Box 52 Mt Holly Springs,PA 1.7065 Plaintiff(s) From Russel Strohecker Shana Strohecker 94 Partridge Cir Carlisle,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of Woodforest Bank 60 Noble Blvd.,Carlisle,PA 1.7013 GARNISHEE(S)as follows: Shana Strohecker has a bank account at Woodforest Bank. I wish to levy this account. and to notify the garnisbee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$8,178.50 Plaintiff Paid& 38.50 Interest 6% Attorney's Comm. % Law Library 5 Attorney Paid$27.25 Due Prothonotary$2.25 Other Costs$ Date:May 13,2013 a � ,o),•��Y' . David D.Buell,Prothonotary (Sea{) Deputy REQUESTING PARTY: Name: Michael Carducci Address:P.O.Box 52 Mt Holly Springs,PA 17065 Attorney for: Telephone: 717-609-0178 Supreme Court ID No. 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 1 of 4 cov t r'y vro�a�e r' r 'ea�sptvania r c., ce L Oa Y4 Uc ci k Usseij g-&r 6h eC kC PREVIOUS BROWSt- ME fro eo�5 eY - Rule 3253. Interrogatories in attachment. Interrogatories of the plaintiff to the garnishee shall be substantially in the following form: (Caption) P,V44CLPAI�nterrogatories to Garnishee _To_L (Garnishee) You are required to file answers to the following interrogatories within twenty ft.days cD after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason'? r / ( r I ✓A ! e 1T°"co t/ U 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession,custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? 3. At the tim/ou were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? 4.At the time yA were served or at any subsequent time did you hold as.fiduciary any, property in which to defendant had an interest? 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was thecojisideration therefore? b. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant'.s direction or otherwise discharge laim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law?If so,identify each account and state the amount of funds in each account, and the entity elec depositing.those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any http://www.pacode.com/secure/data/231/chapter3000/s3253.html 5113/2013 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 2 of 4 subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary_e etion under 42 Pa.C.S. § 8123?If so, identify each account. (The plaintiff may set forth additional appropriate interrogatories.) Explanatory Comment Numerous federal and state statutes provide that funds paid to individuals pursuant to the statutes are exempt from execution, levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides,42 U.S.C. § 407: § 407. Assignment; amendment of section (a)The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution,levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Section 407 provides that not only are future payments exempt from execution but so too are the funds once they have been deposited in the recipient's account in a bank or other financial institution. Prior to the present amendments, the Pennsylvania Rules of Civil Procedure did not comply with these provisions. The writ of execution under Rule 3252,paragraph 2(b), provided that "the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof." The writ contained no exception for funds of the defendant which are exempt from execution. In addition, the defendant was required to claim the exemption by filing a claim under Rule 3123.1. The present amendments to the execution rules address this problem. Under the amended rules, the judgment creditor.rather than the defendant has the burden of raising an issue with respect to exempt payments within the scope of new Rule 3111.1. The defendant need not file a claim for exemption as exempt funds are not attached. The amendments are as follows: 1. New Rule 3111.1 is to be promulgated, explicitly stating that funds of the defendant on deposit in certain accounts with a bank or other financial institution are exempt from execution. Social security payments are not named. Rather, the rule speaks in terms of "funds on deposit in a bank or other financial institution in an.account in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law." 2. The form of the writ of execution set forth in Rule 3252 is amended by incorporating the language of new Rule 3111.1(1). New paragraph 2(c) of the writ advises the garnishee that the attachment does not include the defendant's funds in an account which exempt funds are deposited electronically on a recurring basis. http://www.pacode.com/secure/data/231/chapter3000/s3253.html 5/13/2013 231 Pa. Code Rule 3253. Interrogatofies in attachment. Page 3 of 4 3. Rule 3253 governing interrogatories to the garnishee is amended by adding new interrogatory no. 7. This interrogatory inquires of a bank or other financial institution as garnishee whether the defendant had "funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law." The garnishee is then required to "identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis." 4.The prior practice under Rule 3146(b)was that "the prothonotary, on praecip6 of the plaintiff, shall enter judgment against the garnishee for the property of the defendant admitted in the answer to interrogatories to be in the garnishee's possession." Rule 3146(b) has been amended by adding new paragraph(2) providing that if the answer of a bank or other financial institution to interrogatory no. 7 identifies one or more accounts as containing exempt funds, "the prothonotary,in the absence of an order of court, shall not enter judgment pursuant to paragraph (1)of this subdivision as to funds of any account of the defendant that is identified in the garnishee's answer" to the interrogatory. 5. Section 8123 of the Judicial Code,42 Pa.C.S. § 8123,provides for a$300 monetary exemption.This exemption is treated separately in new Rule 3111.1(2),in new paragraph (2)(c)(ii) of the writ of execution prescribed by Rule 3252 and in a new interrogatory to the garnishee under Rule 3253,interrogatory no. 8.The amendments provide a similar procedure for the$300 monetary exemption as for recurring electronic deposits described above: $300 or less in an account of the defendant is exempt from attachment, the writ of execution notifies the garnishee that$300 or less in an account of the defendant is not attached and interrogatory no. 8 inquires of the garnishee concerning the funds of the defendant on deposit in accounts with the garnishee. As the$300 amount is exempt from attachment, the defendant need not claim it under Rule 3123.1 governing claim of exemption. Explanatory Comment-2010 New Rule 3111.1 was promulgated in 2007 to address the failure of the rules of civil procedure to protect funds held in accounts of banks and other financial institutions that are exempt from execution, levy, and attachment pursuant to federal and'state legislation.The current rule protects from attachment all funds in an account in which any funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy, or attachment. The amendment to subdivision(1) of Rule 3111.1 provides that only the first$10,000 held in an account may not be attached whenever the account includes any funds that are identified as being exempt from execution,levy,or attachment.'If an account holder believes the remainder is also exempt, he or she may petition the court for relief. Under new subdivision (2) any funds that exceed $10,000 in an account may be attached unless all funds in the account are identified as exempt funds. Source The provisions of this Rule 3253 adopted March 30, 1960,effective November 1', 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended February 7, 2007, effective April 1, 2007, 37 Pa.B. 939; amended April 16, 2010,effective May 17,2010,40 Pa.B. 2243, Immediately preceding text appears at serial pages (326461)to(326463). http://www'.pacode�.com/secure/data/23 1/chapter3000/s3253.html 511312013 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 4 of 4 No pan of the information on this site may be reproduced for profit or sold for profit. This material has been drawn directly from the official Pennsylvania Code full text database.Due to the limitations of HTML or differences in display capabilities of different browsers,this version may differ slightly from the official printed version. http://www.pacode.conV secure/data/231/chapter3000/s3253.html 5/13/2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MDC JUDGEMENT RECOVERY Plaintiff VS. Case No. 2010-7834 Civil RUSSELL STROHECKER, SHANA STROHECKER Defendant VERIFICATION I, W. Jeffrey Levi , hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: May 24, 2013 By: W. Jeffrey Levi, VP Woodforest National Bank 25231 Grogan'.s Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898 —Phone 832-375-3071 —Fax STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned authority,personally appeared W. Jeffrey Levi on the 24`x' day of May, 2013 and stated that the foregoing is of their personal knowledge and is true and correct. / NOTARY PUB IC IN AND FOR THE c v co' STATE OF TEXAS 'p�ARY.o'•�.p��% ti r, 0'.c���F TEXP� 2�2016 ��`��\ //'/11111IIIIIS\1\0 `icAaCl A atdacc( j DC Jitdry if /te(overy V d,Skrtxa 51toh Pc A-pr J� �Ur�hvjdPr Praecipe for Notice of Intent to Attach Wages C') To the Prothonotary: . -C firma„• t--.� Issue a Notice of Intent to Attach Wages in the above matter (1) against 1 u5SeN Sf rc h erker ,defendant, (2) against i S�� � T"ec ,employer of the defendant. Date: 5'— 1A —go[3 Attorney for Judgment Creditor-Landlord or Judgment Creditor-Landlord if unrepresented A_ Rk _749p, Address PO 60 X dot AfO%1x+ /YO/(J iP ri Sr�� �7dbs Telephone number Certification by Judgment Creditor—Landlord I certify that 1.The plaintiff judgment-creditor is /k-�- Name ND C 3kC /i(Pgt�PCDfrp►^� Address - PO 0 X 5 01 0 yea t HOOP 501'gsl /Mf 2.The defendant judgment-debtor is Name h6fe l s-fro her kPr q Address PA 3.The employer garnishee is Name !a Address / 4.The judgment arises of gut of a residential lease for the premises at (address). 3?l wc�;+ P;%e 54 Cr)VI M 170/3 5. (a)The amount of the judgment is$ e. 179, fp re%t r+/Yhpr/NH-App3- 671 io(�P��� n�`l (b)A security deposit in the amount of$ is being held by the judgment creditor-landlord.This security deposit has been applied 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$ y©0, 6) has been paid toward satisfaction of the judgment. (Do not include the security deposit.) 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. ,in an action brought before a ma ' i district judge. in an action commenced in the Philadelphia Municipal Court. 8. Check the appropriate paragraph and attach the required documents: V(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.S01 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 an action 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 an action 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: Judgment Creditor-Landlord Source The provisions of this Rule 3311 adopted December 21,2005,effective one month after the date of the Order, 36 Pa.B. 126. Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from Wage Attachment. Notice of Claim for Exemption of Wages from Attachment. Forms. (a) The notice of attachment of wages required by Rule 3302(b)shall be substantially in the following form: (CAPTION) MM L� NOTICE OF INTENT TO ATTACH ;r'Z G-3 '73 r WAGES,SALARY OR COMMISSIONS < A r� 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 b*the Federal Department mfHealth and Human Services wrifthe amount of the attachment would cause your net income to fall below the poverty income guidelines.A copy of the guidelines isattached to this notice. |f 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 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&T ONCE. IFYOU DO NOT HAVE ALAWYER,GOTOOR TELEPHONE THE OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALAWYER. |F YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY 8EABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE ORNQFEE. (Name) (Address) (Telephone Number) The following figures are the 2013 HHS poverty guidelines which are scheduled to be published in the Federal Register on January 24, 2013. (Additional information will be posted after the guidelines are published.) 2013 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household Poverty guideline For families/households with more than 8 persons,add$4,020 for each additional person. 1 $11,490 2 15,510 3 19,530 f 4 23,550 5 27,570 s- 6 31,590 -G c {- 7 35,610 ; 8 39,630 cra 2013 POVERTY GUIDELINES FOR ALASKA Persons in family/household Poverty guideline For families/households with more than 8 persons,add$5,030 for each additional person. 1 $14,350 2 19,380 3 24,410 4 29,440 5 34,470 6 39,500 7 44,530 8 49,560 2013 POVERTY GUIDELINES FOR HAWAII Persons in family/household Poverty guideline For families/households with more than 8 persons,add$4,620 for each additional person. 1 $13,230 2 17,850 3 22,470 4 27,090 5 31,710 6 36,330 7 40,950 8 45,570 SOURCE: Federal Register,Vol. 78, No. 16,January 24, 2013,pp. 5182-5183 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F!LE0-0:-Ffrt Sheriff r THE PROTHOHOTMIY Jody S Smith r L113 AUG 23 W2-- 26 Chief Deputy C Richard W Stewart QMKRLAND COUNTY Solicitor ONME OF TH.E S!4,r.F,[rF PtNNSYLVANIA Michael Carducci (et al.) Case Number vs. 2010-7834 Russell Strohecker(et al.) SHERIFF'S RETURN OF SERVICE 08/16/2013 11:28 AM-Deputy Jeff Kolodzi,being duly sworn according to law, served the requested Notice of Intent to Attach Wages by handing a true copy to a person representing themselves to be Melissa Boyles, Human Resources,who accepted as"Adult Person in Charge"for Carlisle Syntec, Inc. at 1285 Ritner Highway, Carlisle Borough Annex, Carlisle, PA 17013. JE O LkDZI, DEPUTY 08/16/2013 03:05 PM-Tirnothy Reitz served the requested Notice of Intent to Attach Wages by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Russell Strohecker at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. TIMOTHY REITZ, DEPUTY SHERIFF COST: $60.24 SO ANSWERS, August 20, 2013 RbN R ANDERSON, SHERIFF (c)CounlySuifo Shenfl,Teliosoft,Inc ��G�►aG'L Lc�/dv�c��p���/� MDC Judgment Recovery In the Court of Common Pleas of PO BOX 52 Mt.Holly Springs,PA 17065 Cumberland County, Pennsylvania No. 10-7834 Civil Term vs ,5tia�a Russel Strohecker 94 Partridge Cir Carlisle PA 17013 PRAECIPE Please issue a Writ of Attachment of wages, salary or commissions in case 10-7834 against Russel Strohecker. Russel is believed to be working at Carlisle Syntec 1285 Ritner Highway Carlisle, PA 17013. /'78- 5^C� rnVu COO rT4 r --<> -J C=) A � e>F David D. Buell,Prothonotary kr )7 20`13 Attorney Info: d/I r,,5 Attorney for Plaintiff Michael Carducci d/b/a MDC Judgment Recovery IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Russel Strohecker-Employee No.2010-7834 Civil Term Shana Strohecker 94 Partridge Cir.,Carlisle,PA 17013 TO: Carlisle Syntec 1285 Ritner Highway,Carlisle,PA 17013 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$8,178.50(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: Michael Carducci d/b/a MDC Judgment Recovery 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: 1285 Ritner Highway,Carlisle, PA 17013. Any questions should be directed to the Plaintiff-Creditor: Michael Carducci d/b/a MDC Judgment Recovery-P.O.Box 52,Mt. Holly Springs,PA 1.7065 (;717).609-0178 Date: 9/17/2013 . :PP, r thonotary Costs: $170.49 Paid Plaintiff 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, has never been Or is no longer and employee�) Date: Signature of Employer Print name of Employer Address Address Telephone# For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r`_ .j o! i Sheriff'l : Jody S Smith L=t DEC 2. Chief Deputy Y' " Richard W Stewart Solicitor PENNSYLVANIA ;"EE' u Michael Carducci (et al.) vs. Case Number Russell Strohecker(et al.) 2010-7834 SHERIFF'S RETURN OF SERVICE 05/16/2013 02:18 PM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joseph McGuire, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. 05/21/2013 08:35 PM -Jason Kinsler, Deputy , being duly sworn according to law, states that on May 21, 2013 at 8:35 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Russell Strohecker at 94 Partridge Circle, North Middleton Township, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on May 22, 2013. 05/21/2013 08:35 PM-Jason Kinsler, Deputy , being duly sworn according to law, states that on May 21, 2013 at 8:35 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Shana Strohecker at 94 Partridge Circle, North Middleton Township, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on May 22, 2013. 12/03/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $138.75 SO ANSWERS, December 03, 2013 RON R ANDERSON, SHERIFF /e17 el O-Tw- a y�