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HomeMy WebLinkAbout11-0197.~. ~`%- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .~~ f ~~ ~,..~. Crlr l Notice of JudgmenUTranscript .~~ Residential Lease _ 1'. Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-761-8230 Connie Logan 1 Brentwood Road Camp Hill, PA 17011 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Connie Logan Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Mary Kichman Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Matthew Kichman Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Docket No Plaintiff MJ-09304-LT-0000685-2010 Connie Logan MJ-09304-LT-0000685-2010 Connie Logan Connie Logan V. Mary Kichman, Matthew Kichman ,,~ ~~ ~/ ~/ 70 ~ Docket No: MJ-09304-LT-0000685-2010 Case Filed; 11/15/2010 Yes No No No No No +~~ti;. No No . .,,d~ ~ t~ ' r ° `~% ;~ ~' --- ~~ c "; <~- Defendant Disposition Mary Kichman Judgment for Plaintiff Matthew Kichman Judgment for Plaintiff Judgment Summary Joint/Several Liability Individual Liability Participant Mary Kichman $1,507.50 $0.00 Matthew Kichman $1,507.50 $0.00 Connie Logan $0.00 $0.00 Judgment Detail. (~PostJudgment) Disposition Date 11 /24!2010 11!24/2010 Amount $1,507.50 $1,507.50 $0.00 In the matter of Connie Logan vs. Matthew Kichman; Mary Kichman on 11/24/2010 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $1,300.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $50.00 $0.00 $50.00 Filing Fees $107.50 $0.00 $107.50 Rent in Arrears $1,350.00 $0.00 $1,350.00 MDJS 315A Page 1 of 2 Printed: 11/24/2010 7:09:31AM Connie Logan v. Docket Na: MJ-09304-LT-0000685-2010 Mary Kichman, Matthew. Kichman , , Grand Total:. 51,507.50 /~ DENTIA~ LJ=ASE, ANY PARTY'HAS THE RIGHT TO APPEAL FROMA JUDGMENT FOR POS5 IN AN A~ PION INVOLVING A RESdF EtV~•7Y OF JUDGMENT BY FILING A NOTICE OF APPF,~kI: 1ytTH ~fiHE PROTHONOfiAatY/CLESSION WITHIN TENIAY,S~AFTER THE PATE ERK OF ' COUR7`OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INGLUDE.AN Af~AL OF TIDE MONfi'tl#It3D~t1A~NT,II=ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSITWITH T,HE PRGTHONOTARYICLERK OF COUNTS 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 ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENTINVOLVING 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 OR APPEAL: EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICTJUDGES, IFTHEJUDGMENT OC t?MMON LEAS ANDS O~F~RTHER PROCESS MAYS BEE D B~Y~ HIE MAGIS~ TERIA RdS;.S-MUST CC~E F,~,~I~IHE_S.Q~.T ~_..~ . __.. STRICT JUDGE. UNLESS THE JUDGMENT fS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE .~UD6~M~N7`~MAy, FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DIST~ICfiJUDGE IF THE JUDGMENT DEBTOR ~A~'S'~FUL'L', SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ''~`;;p • ~ , 9~ et iy~n ~. Date ~ M~gist~?iai'~~trict Judge Thomas A. Place, '=.r ~~ .r~, ~ ~'~+"~ r I certify that~ttiis is a flue and correct copy ofthe record of the proceedings containing the judgment. '"~frfr~ ~ `~ ~ ' '+~sau ~, _ 2 ,, ,~ '~ ; ~ ~; Date 'Magisterial District Ju omas A. Placey i ~+~' MDJS 315A Page 2 of 2 Printed: 11/24/2010 7:09:31AM r ~ ~a~as ~~ .~ ~~~,~ ~~f ~.... __~ Connie Logan 1 Brentwood Rd Camp Hill, PA 17011 Plaintiff In Pro Per Connie Logan, Plaintiff, .j.HE tpi .OTIi0Ni 2 JUL 22 MI t 31 CUMBERLAND C®UNTY PENNSYLVANIA Cumberland County Courthouse ) Case No.: 11-0197 ) ) ACKNOWLEDGMENT OF ASSIGNMENT ) OF JUDGMENT ) vs. ) ) ) Defendant ) Matthew & Mary Kichman, COMES NOW, Connie Logan, Plaintiff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT judgment was entered by this court on or about 11/24/10. 2) THAT Plaintiff Connie Logan was awarded against Defendants Matthew & Mary Kichman the sum of $1,507.50. 3) THAT there have been no renewals since the entry of said judgment by this court and tha Plaintiff Connie Logan has received $0.00 of judgment from Defendants Matthew & Mary Kichman. 4) THAT Connie Logan of 1 Brentwood Rd Camp Hill, PA 17011 is the judgment creditor of record. 5) THAT the last address of record for the judgment debtor is 4193 Nantucket Rd Mechanicsburg, PA 17055. 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and interest in the within judgment to the following person: Michael Carducci D/B/A MDC Judgment Recovery PO BOX 102 ash P�3aysto Mount Holly Springs, PA 17065 717-609-0178 7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC Judgment Recovery, to recovery, compromise, settle and enforce said judgment and I withdraw all right and claim to same. Signed this 7- 11' qday of 2.c , 2014 at , and PA. Connie Logan 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. • The Peon C�ese. moo. ll. 0147 FORMS Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. Page 1 of 3 The Praecipe for Notice of Intent to Attach Wages shall be substantially in the following form: Na OW L 1'cJ1tgo4n M;ckeeI (q,A cc( D104 Afg Tuipteut 7ecovery tO &,x t©a Aft. Molly sloths, Alf (Caption) (106,s- Praecipe 1065 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 . ed -f 4eiv it f`c 11 Wert) , defendant, against 6!K • vItOhRlP,-iecj cfevi'ces (2) , employer of the defendant. Date: 71,2Ab l y ma!rri zR Z=::1 r-- ir- r– 2b 3t,. 2 r ct Attorney for Judgment Creditor -Landlord or Judgment Creditor -Landlord if unrepresented Tu iptiPitt Aecouety ,°©, 0,X to iW hely $ 'i qs, Pu / 7e6' S Address Telephone number Certification by Judgment Creditor—Landlord I certify that 1. The plaintiff judgment -creditor is 70- ‘64f- 0/75' JE1 / eak e#30gell http://www.pacode.com/secure/data/231/chapter3000/s3311.html 7/22/2014 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. Page 2 of 3 2. The defendant judgment -debtor is 3. The employer garnishee is /ltrk4ctej Cardia; Name 1(I C tecOd2°r)/ A0 &©X /Oa Address /Gly Natisi�/`r S� lednods X141 -Theo, (oh,red /gel s 30Cd'. 4a,tj,o %fir`/), fief /7 0 l l Name 1 k v;/011 M PM)a 1 , oralcce y a 0 Cl4tiopl Address iegcli/�J / I7‘01 4. The judgment arises out of a residential lease for the premises at Name Address (address). y I q3 Non Atc %l thafracs hay, p /7-0,51s- 5. 70SS 5. (a) The amount of the judgment is $ /, SD 7. So (b) A security deposit in the amount of $ j� a p p is being held by the judgment creditor -landlord. This security deposit (as been app ie 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 $ D 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 magisterial district judge. in an action commenced in the Philadelphia Municipal Court. 8. Check the appropriate paragraph and attach the required documents: http://www.pacode.com/secure/data/231/chapter3000/s3311.html 7/22/2014 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. Page 3 of 3 (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 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: i id d /` of y 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. 176. No part 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.com/secure/data/231/chapter3000/s3311.html 7/22/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 1 of 4 The Perm LEVIOU NEXT ER TITLE Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from Wage Attachment. Notice of Claimfor Exemption of Wages from Attachment. Forms. tU(tchae) Capdcecrr RAM (a) The notice of attachment of wages required by Rule 3302(b) shall be substantially in the following form: AOC JUc fr + AeCOPetj He-01E4)A-,ckiimei (CAPTION) 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 belowthe 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 may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH http://www.pacode.com/secure/data/231/chapter3000/s33 12 .html 7/22/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 2 of 4 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. (Name) Ccatickki (way qr *550c14110,1 5 a S. (Address) PAktsl (Telephone Number) 7/7-ayv-3/46 (b) The claim for exemption from wage attachment shall be substantially in the following form: (CAPTION) 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 http://www.pacode.com/secure/data/231/chapter3000/s3312.html 7/22/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 3 of 4 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 dependents. (Number) 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 I (uel-frOtiseSe1©0 /f k, 64 17013 Address http://www.pacode.com/secure/data/231/chapter3000/s3312.html 7/22/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 4 of 4 717,Alto- 6/cs Telephone Number (c) The notice of claim of exemption required by Rule 3303(b) shall be substantially in the following form: (CAPTION) 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 Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty income guidelines. 1. Date: Prothonotary Source The provisions of this Rule 3312 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176. No part 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.com/secure/data/231/chapter3000/s3312.html . 7/22/2014 2014 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 $4,060 for each additional person. 1 $11,670 2 15,730 3 19,790 4 23,850 5 27,910 6 31,970 7 36,030 8 40,090 2014 POVERTY GUIDELINES FOR ALASKA Persons in family/household Poverty guideline For families/households with more than 8 persons, add $5,080 for each additional person. 1 $14,580 2 19,660 3 24,740 4 29,820 5 34,900 6 39,980 7 45,060 8 50,140 2014 POVERTY GUIDELINES FOR HAWAII Persons in family/household Poverty guideline For families/households with more than 8 persons, add $4,670 for each additional person. 1 $13,420 2 18,090 3 22,760. 4 27,430 5 32,100 6 36,770 7 41,440 8 46,110 Source: http://aspe.hhs.eov/poverty/14povertv.cfm The following figures are the 2014 HHS poverty guidelines which are scheduled to be published in the Federal Register on January 22, 2014. (Additional information will be posted after the guidelines are published.) MICHAEL CARDUCCI d/b/a MDC JUDGMENT RECOVERY Plaintiff, v. MATTHEW KICHMAN and MARY KICHMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-0197 MOTION TO STAY WAGE ATTACHMENT AND APPLY SECURITY DEPOSIT NOW, come Defendants, Matthew Kichman and Mary Kichman, by and through their attorneys, BARIC SCHERER LLC, and file the within Motion to Stay Wage Attachment and Apply Security Deposit and, in support thereof, sets forth the following: 1. Defendants, Matthew Kichman and Mary Kichman, are adult individuals with a residence of 9921 Deer Creek Road, Portville, New York, 14770. 2. Plaintiff, Michael Carducci, is an adult individual with an address of PO Box 102, Mount Holly Springs, Pennsylvania. 3. Plaintiff is the assignee of Connie Logan, a judgment -creditor landlord who entered a Magisterial District Justice judgment against Defendants with the Prothonotary of Cumberland County, Pennsylvania. 4. The judgment was entered against Defendants on January 11, 2011 in the amount of $1,507.50. 5. The underlying judgment was for rent and costs associated with a residential lease. 6. The judgment -creditor landlord failed to return Defendants' security deposit within 30 days in accordance with The Landlord and Tenant Act of 1951, specifically 68 P.S. §250.512. 7. Judgment -creditor landlord retained the security deposit in the amount of $1,300.00. 8. Plaintiff, Assignee of judgment -creditor landlord, avers in his Praecipe for Notice of Intent to Attach Wages, "the security deposit in the amount of $1,200.00 has been applied to payment of rent due on the same premises for which the judgment has been entered." 9. No additional payment for rent was due to judgment -creditor landlord. 10. In accordance with 42 Pa.C.S.A. §8127, the amount subject to attachment shall have been deducted from it any security deposit held by the judgment creditor -landlord and forfeited by the judgment debtor -tenant. 11. Plaintiff is attempting to attach wages for a judgment amount of $1,507.50 without applying the security deposit of $1,300.00. 12. Plaintiff has failed to credit Defendants with the security deposit of $1,300.00. 13. The wage attachment in the amount of $1,507.50 should be stayed. 14. The amount subject to wage attachment should be reduced by $1,300.00. 15. The wage attachment should be stayed in order to apply the security deposit in the amount of $1,300.00 to the judgment. 16. Unless this Court stays the wage attachment entered against Defendant Matthew Kichman and applies the security deposit, Defendant will be deprived of the $1,300.00 held by judgment -creditor. 17. No judge has previously been involved in this case and due to the nature of the pleadings the concurrence of Plaintiff was not sought. WHEREFORE, Defendants respectfully request that this Honorable Court stay the wage attachment proceedings pending resolution to this Motion and to reduce the amount of the judgment subject to wage attachment by $1,300.00. Date: Respectfully submitted, BARIC SCHERER LLC Triciit D. Naylor, E I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Motion to Stay Wage Attachment and Apply Security Deposit are true and correct to the best of my knowledge, information and belief. This verification is signed by Tricia D. Naylor, Esquire, Attorney for Defendants and is based upon the statements provided by Defendants, as well as documents reviewed by the undersigned as attorney for Defendants. This verification will be substituted and ratified by a verification signed by the Defendants who are presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: Tricia D. Nay , Esquir CERTIFICATE OF SERVICE I hereby certify that on August ,1,c7 2014, I, Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of the Motion to Stay Wage Attachment and Apply Security Deposit, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Michael Carducci d/b/a MDC Judgment Recovery PO Box 102 Mt. Holly Springs, PA 17065 Tricia D. Nay MICHAEL CARDUCCI, : IN THE COURT OF COMMON PLEAS OF D/B/A MDC JUDGMENT RECOVERY : CUMBERLAND COUNTY, PENNSYLVANIA c -, PLAINTIFF -1,a ..c- --+ rncD ▪ rr- l Z to = t ; a. �v G7 V. car- r•.)—IL: ' rpt C.: - C:) 2 ^+ (. :�� -<, CD MATTHEW KICHMAN AND MARY KICHMAN DEFENDANTS : NO. 11-0197 CIVIL IN RE: MOTION TO STAY WAGE ATTACHMENT AND APPLY SECURITY DEPOSIT ORDER OF COURT AND NOW, this 27th day of August, 2014, upon consideration of the Defendants' Motion to Stay Wage Attachment and Apply Security Deposit; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon Michael Carducci, d/b/a MDC Judgment Recovery, to show cause why the relief requested by the Defendants should not be granted. 2. Plaintiff shall file an Answer to the Defendants' Motion on or before September 19, 2014. 3. Brief argument/hearing will be held on the matter on Thursday, September 25, 2014, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. Pending the argument/hearing, any and all execution proceedings upon the entered judgment against the Defendants shall be stayed. 5. Notice of entry of this Order shall be provided to all parties by the Defendants. .Michael Carducci P. O. Box 102 Mt. Holly Springs, PA 17065 Xcia D. Naylor, Esquire Attorney for Defendants bas 1e.$, i ., .t...i, e aviLf ____.....,./ri By the Court, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE �PROTHNU A t'. -Oh SEP -4 PH 2:31 C MPENNSYLVAH A�� `t+ Q F.C: OF T)Y $H5RIK= Michael Carducci d/b/a MDC Judgment Recovery vs. Matthew C. Kichman (et al.) Case Number 2011-197 SHERIFF'S RETURN OF SERVICE 07/22/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Matthew C. Kichman, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Berks, Pennsylvania to serve the within Notice of Intent to Attach Wages according to law. 07/22/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elk Elvironmental Services, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Berks, Pennsylvania to serve the within Notice of Intent to Attach Wages according to law. 08/05/2014 11:05 AM - The requested Notice of Intent to Attach Wages served by the Sheriff of Berks County upon Jerry Ulrich, who accepted for Elk Elvironmental Services, at 1420 Clarion Street, Reading, PA 19601. Eric J. Weaknecht, Sheriff, Return of Service attached to and made part of the within record. 08/05/2014 11:05 AM - The requested Notice of Intent to Attach Wages served by the Sheriff of Berks County upon Jerry Ulrich, who accepted for Matthew C. Kichman, at 1420 Clarion Street, Reading, PA 19601. Eric J. Weaknecht, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $44.49 SO ANSWERS, September 02, 2014 (c) CountySu o Sheriff, Teleosoft. i^c. RONI4? R ANDERSON, SHERIFF COUNTY OF BERKS, PENNSYLVANIA SHERIFF'S OFFICE �1 Courthouse- 3rd Floor 633 Court Street r-) Reading, PA 19601 7 i ,p4 s* COQ. Phone: 610.478.6240 Fax: 610.478.6222 Eric J. Weaknecht, Sheriff Bryant Semenza, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 11 -CUMBER -197 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF BERKS Personally appeared before me, Edward Winters, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylania, who being duly sworn according to law, deposes and says that on 8/5/2014 11:05:OOAM, he served the annexed PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES upon MATTHEW C KICHMAN, within named defendant, by handing a copy thereof to JERRY ULRICH, Person In Charge/ , at 1420 CLARION STREET, City of Reading, Berks County, Pa., anm.. e known to defendant the contents thereof. worn and bscribed before me 28 da' ug, 2014 NOTARY P : LIC, READING, BERKS CO ., PA NOTARIAL SEAL REBECCA OXENREIDER Notary Public CITY Of READING, BERKS COUNTY My Commission Expires Feb 22, 2016 Sheriffs Costs in Above Proceedings $ 0.00 DEPOSIT $ 0.00 ACTUAL COST OF CASE $ 0.00 AMOUNT OF REFUND DEPUTY SHERIFF i : ERKS COUNTY., PA Edward Winters Services made as set forth above So Answers, SHERIF OF BERKS COUNTY, PA Eric J. Weaknecht All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countyofberks.com/sheriff • COUNTY OF BERKS, PENNSYLVANIA SHERIFF'S OFFICE Courthouse- 3rd Floor 633 Court Street Reading, PA 19601 Phone: 610.478.6240 Fax: 610.478.6222 Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 11 -CUMBER -197 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF BERKS Personally appeared before me,. Edward Winters, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylania, who being duly sworn according to law, deposes and says that on 8/5/2014 11:05:OOAM, he served the annexed PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES upon ELK ENVIRONMENTAL SERVICES, within named defendant, by handing a copy thereof to JERRY ULRICH, Person In Charge/ , at 1420 CLARION STREET, City of Reading, Bes County, Pa., and made known to defendant the contents thereof. worn and subscribed before me 1 day of �, 014 Sheriff's Costs in Above Proceedings $ 100.00 DEPOSIT $ - 46.20 ACTUAL COST OF CASE $ 53.80 AMOUNT OF REFUND DEPUTY SHERIFF OF BERKS COUNTY., PA Edward Winters Services made as set forth above So Answers, i SHERIF OF BERKS COUNTY, PA Eric J. Weaknecht All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countyofberks.com/sheriff /tf C ecri Reca,049 ,c9 £x' 7er\. a4-1. Holly 5pnillix1 /4 l7o6,5 In the Court of Common Pleas of Cumberland County, Pennsylvania No.1 1 -0 1 97 V S P(ON1Q41.1 frq ,"ch,ocr a4) osePr Ciev It le f99/'jL/,1fle1 A/ / -1 la (c) /(' «1Qi1 4111.1"1" 1. Defendants did damage to residential property Civil Term -0 fTTW rn c.,017 CD 2. Supporting documentation of such damage will be given on September 25, 2014 at the hearing. 3. I, Michael Carducci D/B/A MDC Judgment Recovery, requests that the court grant the security deposit in favor of Plantiff. Respectfully submitted David D. Buell, Prothonotary CPA >tecith-tor 20 (21 diettettear Info: Ar'eha0 Col aver r‘ /lack at f rcpactcrti J//,i rPlaintiff 4/./)t :7/idiom/int ,feocoptoty j9 0 goic (cPck 11/11, 8,9 fly 5-A0 //Al" I9# 1706'5 MDC Judgment Recovery LET'S COLLECT YOUR MONEY PO BOX 102 MOUNT HOLLY SPRINGS, PA 17065 PHONE: 717-609-0178 mdcjudgmentrecovery@gmail.com itakaei Coro:Neer' /9/1/4 C C-54"471 XPCOfreU raSe /1 0, if -0/q7 Certificate of Service Mali -1101v #2,j it etc 1 title fk I hereby certify that on September 25, 2014, I, Michael Carducci D/B/A MDC Judgment Recovery, did serve a copy of the Subpoena to Attend and Testify, by first class US Mail, postage prepaid to the parties listed below, as follows: Don and Connie Logan 1 Brentwood Rd Camp Hill, PA 17011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DC 3-(44(01 A'(7coety vs. t y Alc A frie Plaintiff File No. / Ce 7 Defendant SUBPOENA TO ATTEND AND TESTIFY TO: ('JM( -(9(141 d 40 Van You are ordered by the court to come to Courfrboxi / 0 k rt4octs e S/P14- (Specify Courtroom or other place) at County, Pennsylvania, on /610V. / ,:?-15.14-/ at o'clock, ,P M,. to testify on behalf of onAie e•o6ret,14 in the above case, and to remain until excused. And bring with you the following: Ay piot9-F jefzthf-c84,9 fhe ailiVoc RoieersfY oferwewe If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: 11'2C4api aYclittz.i Address: ;Qv i310ki00Z NI, go fly cp cAitc, /4 !?O6 Telephone: Telephone: 71 7— 60 Of 79 Supreme Court ID # Date: Seal of the Court BY THE COURT: 'SI 4)C24143( Prothonotary/Clerk, Civil Division e Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234. I . If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) MICHAEL CARDUCCI d/b/a MDC JUDGMENT RECOVERY Plaintiff, v. MATTHEW KICHMAN and MARY KICHMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-0197 za rne; ) —,c; CD -17 P t cD MOTION TO WITHDRAW AND NOW, comes, Tricia D. Naylor, Esquire and sets forth the following: 1. Tricia D. Naylor, Esquire is counsel for the Defendants, Matthew Kichman and Mary Kichman in the above -captioned matter. 2. On or about August 27, 2014, Defendants filed a Motion to Stay Wage Attachment and Apply Security Deposit. 3. On September 25, 2014, the parties and counsel for the Defendants appeared at a hearing before the Honorable Judge Ebert. 4. The Honorable Judge Ebert continued the hearing to Monday, November 17, 2014 at 3:00 p.m. 5. Defendants have terminated the undersigned counsel's representation as of November 12, 2014 and wish to proceed pro se. WHEREFORE, Tricia D. Naylor, Esquire requests that this Court permit her to withdraw from representing Defendants, Matthew Kichman and Mary Kichman in the above captioned matter. Date: Respectfully submitted, B • RIC SCHERER LLC Tr cia D. Nayl I.1. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 t CERTIFICATE OF SERVICE I hereby certify that on November )B , 2014, I, Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of the Motion To Withdraw, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Michael Carducci d/b/a MDC Judgment Recovery PO Box 102 Mt. Holly Springs, Pennsylvania 17065 Matthew Kichman Mary Kichman 9921 Deer Creek Road Portville, New York 14770 Tric' : D. Naylo MICHAEL CARDUCCI d/b/a MDC JUDGMENT RECOVERY Plaintiff, v. MATTHEW KICHMAN and MARY KICHMAN Defendants AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-0197 ORDER OF COURT rrt 1 C C7 27 c -<, t.3 1i th day of November, 2014, upon consideration of the within Motion To Withdraw, Tricia D. Naylor, Esquire is hereby permitted to withdraw as counsel for Defendants, Matthew Kichman and Mary Kichman in the above captioned matter. BY THE COURT, Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 �ichael Carducci d/b/a MDC Judgment Recovery PO Box 102 Mt. Holly Springs, Pennsylvania 17065 CO p Ce_s Mattrecb ///)* M.L. ert. Jr., J. ‘-'5;;.--thew Kichman Mary Kichman 9921 Deer Creek Road Portville, New York 14770 MICHAEL CARDUCCI, d/b/a MDC : IN THE COURT OF COMMON PLEAS OF JUDGEMENT RECOVERY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V : CIVIL ACTION - LAW MATTHEW AND MARY KICHMAN, : 11-0197 CIVIL TERM Defendants IN RE: HEARING/ARGUMENT ON MOTION TO STAY ORDER OF COURT AND NOW, this 17th day of November, 2014, testimony in the matter having now concluded, IT IS HEREBY ORDERED AND DIRECTED that the Court will accept briefs and/or any case law related to disposition of this matter on or before December 19, 2014. By the Court, Chael Carducci, Pro Se Plaintiff P.O. Box 102 Mt. Holly Springs, Pa. 17065 Matthew and Mary Kichman, Pro Se Defendants 9921 Deer Creek Rd. Portville, NY 14770 :mtf Carf Mb! LEL /09/1Y =n) CZ> cxD MICHAEL CARDUCCI, : IN THE COURT OF COMMON PLEAS OF d/b/a MDC JUDGMENT RECOVERY : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MATTHEW AND MARY KICHMAN DEFENDANTS : NO. 11-0197 CIVIL IN RE: MOTION TO STAY WAGE ATTACHMENT AND APPLY SECURITY DEPOSIT ORDER OF COURT AND NOW, this 8th day of January, 2015, upon consideration of the Defendants' Motion to Stay Wage Attachment and Apply Security Deposit and after hearing; IT IS HEREBY ORDERED AND DIRECTED that the Motion to Apply Security Deposit is GRANTED. The prior judgment against Mary Kichman and Matthew Kichman in the amount of $1,507.50 is reduced by $1,300.00 to $207.50. IT IS FURTHER ORDERED AND DIRECTED that the Defendants shall pay this sum to Michael Carducci d/b/a MDC Judgment Recovery on or before January 30, 2015. By the Court, Michael Carducci P. O. Box 102 Mt. Holly Springs, PA 17065 ✓Matthew and Mary Kichman 9921 Deer Creek Road Portville, NY 14770 bas Corr; es 02.14 lcx.-l., /PO 5 r w cD vs In the Court of Common Pleas of Cumberland County, Pennsylvania 49-1 -• piongiaag. pedlepl 4pp1y r Interco-- rofipvir‘it, ateive. bet IS fuliV k ,1%pditee 10207. fp, fhere was 310 T Ws /lies f )10 g codpul 6rse Png (cneci fp;1 or ipitervsi Reftl, /11(tuei rateittcc( d//4 NOC 7744feni- ivrizg,)cs kr'S. cotip-/- Is() qpillj Co U, CC's -e5t- kCPS David D. Buell, Prothonotary