The URL can be used to link to this page

Home My WebLink About11-5249SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Donald George Evans (et al.) vs. Lisa Ann Colwell Case Number 2011-5249 SHERIFF'S RETURN OF SERVICE 10/12/2011 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: Lisa Ann Colwell, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Notice of Intent to Attach Wages according to law. 11/16/2011 York County Return: And now, November 16, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Lisa Ann Colwell the defendant named in the within Notice of Intent to Attach Wages and that I am unable to find her in the County of York and therefore return same NOT FOUND. Request for service at 303 Harrisburg Pike, Dillsburg, Pennsylvania 17019 the Defendant was not found. SHERIFF COST: $37.44 November 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF r? co ..?.. - "- CD w• r 1 Z7 ? r i 00 (ZD y (c;. Chun+ySuit? Sheriff. Telns^ft. Irc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerieber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration DONALD G. EVANS Case Number vs. 2011-5249 CIVIL LISA ANN COLWELL SHERIFF'S RETURN OF SERVICE 11/16/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: LISA ANN COLWELL, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED NOTICE OF INTENT TO ATTACH WAGES AS "NOT FOUND" AT 303 HARRISBURG PIKE, DILLSBURG, PA 17019. POST OFFICE CHECK NOT BACK BY EXPIRATION DATE. SHERIFF COST: $43.98 November 17, 2011 SO AN RS, RICHARD P K E LEB R, MIFF -- - ---------- -- -- ------ NOTARY Affirmed and subscribed to before me this 17TH day of NOVEMBER MT11QN Q?;FT PENN LVANIA N S 2011 TH T L tci CountySui'e Sheriff . Teieosoft Inc 11 MY COMMIS t N EXPIRES AUG. 12. 201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson tUT'tPlr10 i Sheriff + ._ , Jody S Smithy 12 JS ZQ AM ; 2 8 Chief Deputy Richard W Stewart CUMSr.E?LAN COUh Solicitor PENNSYLVANIA Donald George Evans (et al.) Case Number vs. Lisa Ann Colwell 2011-5249 SHERIFF'S RETURN OF SERVICE 12/14/2011 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: Lisa Ann Colwell, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Notice of Intent to Attach Wages according to law. 01/11/2012 06:55 AM - Dauphin County Return: And now January 11, 2012 at 0655 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby 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: Lisa Ann Colwell by making known unto herself personally, at Capital Blue Cross, 2500 Elmerton Avenue, Harrisburg, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 January 17, 2012 SO ANSWERS, "RON R ANDERSON, SHERIFF lcu-;t4Suite Shenf, ie eosol In;; (Otji'cilt of the ?*hvr-'ff Jack Duignan William T. Tully' Chief Deputy Solicitor • Michael W. Rinehart Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DONALD GEORGE EVANS, ET AL VS County of Dauphin LISA ANN COLWELL Sheriff s Return No. 2011-T-4277 OTHER COUNTY NO. 20115249 And now: JANUARY 11, 2012 at 6:55:00 AM served the within NOTICE OF INTENT TO ATTACH WAGES upon LISA ANN COLWELL by personally handing to LISA ANN COLWELL 1 true attested copy of the original NOTICE OF INTENT TO ATTACH WAGES and making known to him/her the contents thereof at 2500 ELMERTON AVE HARRISBURG PA 17110 Sworn and subscribed to before me this 12TH day of January, 2012 1"0*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 12/16/2011 DONALD G. EVANS and SANDRA L. : IN THE COURT OF COMMON PLEAS OF EVANS, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. LISA ANN COLWELL, SIERRA : No. 2011- 5249 CIVIL JUDGMENT STAYTEN, and JESSE WEST, Defendants. CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT Notice This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. To the Prothonotary: I, the above named Defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: _____ My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have C (insert number) dependants. My net monthly income is $ '-T I .6 L' . (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 unworn falsification to authorities. r ? Date: Defendant This claim shall be delivered or mailed to: Office of the Prothonotary Court of Common Pleas of Cumberland County= One North Hanover Street, Carlisle, PA 17013' -? (717) 240-6195 DONALD G. EVANS and SANDRA L. : IN THE COURT' OF CUNMI ON PLEAS OF EVANS, Husband and Wife, : CUIVIBERLAN COUNTY. PENNSYIL VANIA Plaintiffs, V. LISA ANN COLWELL, SIERRA STAYTEN, and JESSE WEST, Defendants. No. 2011- 5249 CIVIL JUDGMENT NOTICE OF CLAIM OF EXEMPTION To the above-named Plaintiffs: The Defendant in the above-captioned matte: has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth facts which show that the Defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the Defendant's net income to fall below those poverty guidelines. Date: a_. Prothonotary ? ?- ?. DONALD G. EVANS and SANDRA L. : IN THE COURT OF COMMON PLEAS OF EVANS, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. LISA ANN COLWELL, SIERRA : No. 2011- 5249 CIVIL JUDGMENT STAYTEN, and JESSE WEST, Defendants. MV7 c- = M C!7 N MOTION PURSUANT TO RULE 3303(c) C" {_.. AND NOW this C ,tday of July, 2012, comes the Plaintiffs, DONALD G.-1V1ANS:',' and SANDRA L. EVANS, by and through their attorneys, Irwin & McKnight, P.C., and respectfully request that this Court grant their Motion and direct the Prothonotary to issue a writ for the attachment of the wages of Defendant LISA ANN COLWELL, and in support thereof aver as follows: 1. Plaintiffs commenced an action against Defendants for damages and unpaid rent arising out of a residential lease agreement. 2. Plaintiffs were awarded a judgment against all Defendants in the amount of $2,357.15, plus costs. 3. The judgment was subsequently filed against the Defendants in the above- captioned action. 4. Plaintiffs then filed a Notice of Intent to Attach Wages of Defendant Lisa Ann Colwell on or about October 11, 2011. 5. After reinstatement, the appropriate Notices, certifications, poverty income guidelines, and Claim for Exemption form were served upon Defendant Lisa Ann Colwell on January 11, 2012, at her place of employment, Capital Blue Cross, 2500 Elmerton Avenue, Harrisburg, PA 17011. 6. Upon information and belief, Defendant Lisa Ann Colwell filed a Claim for Exemption from Wage Attachment stating that she has zero dependents and that her monthly net income is $1,848.00, and further declaring that the wage attachment would place her net income below the federal poverty income guidelines. 7. As provided in the 2011 HHS Poverty Income Guidelines filed of record in this matter and served upon Defendant Lisa Ann Colwell, the monthly guideline amount for a family unit of one (1) person is $907.50. 8. On the face of her Claim for Exemption, Defendant Lisa Ann Colwell's net monthly income is more than two (2) times higher than the federal poverty guidelines. 9. Under 42 Pa.C.S.A. §8127(a)(3.1), the attached wages cannot exceed ten percent (10%) of the net wages per pay period of the judgment tenant, which in the instant action would equal $184.80 per month based upon the Defendant's filed Claim for Exemption. 10. Even with a ten percent (10%) wage attachment, Defendant Lisa Ann Colwell's remaining monthly income would still far exceed the federal poverty guidelines. 11. Upon information and belief therefore, the Claim for Exemption on its face establishes that Defendant Lisa Ann Colwell is not entitled to exemption from the wage attachment. 12. Plaintiffs therefore respectfully request that this Court direct the Prothonotary of Cumberland County to issue the writ for attachment of wages as requested by Plaintiffs, in the amount of $184.80 per month against Defendant Lisa Ann Colwell. 13. The present location of the other Defendants, Sierra Stayten and Jesse West, is not known and therefore they are not a part of the instant proceedings. 2 14. No member of this Honorable Court has previously been involved or issued any prior rulings in this matter. WHEREFORE, Plaintiffs, DONALD G. EVANS and SANDRA L. EVANS, respectfully request that this Honorable Court, pursuant to Rule of Civil Procedure No. 3303(c) and Plaintiffs' prior written pleadings in this action, direct the Cumberland County Prothonotary to issue a writ for the attachment of wages of Defendant LISA ANN COLWELL. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Doug as . Miller, squire Supreme ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: July 27, 2012 Attorney for Plaintiffs 3 a, . CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Lisa Ann Colwell c/o Capital Blue Cross 2500 Elmerton Avenue Harrisburg, PA 17011406 Defendant Date: July ?, 2012 IRWIN & McKNIGHT, P.C. 14 , " e-' / ?' /,//, - Douglas G. iller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs DONALD G. EVANS and SANDRA L. EVANS, Husband and Wife, Plaintiffs V. LISA ANN COLWELL, SIERRA STAYTEN, and JESSE WEST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 11-5249 CIVIL TERM IN RE: PLAINTIFFS' MOTION PURSUANT TO RULE 3303(c) ORDER OF COURT AND NOW, this 60' day of August, 2012, upon consideration of Plaintiffs' Motion Pursuant to Rule 3303(c), a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, c Christyle L. Peck, J. , ? Douglas G. Miller, Esq. West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs "'Lisa Ann Colwell c/o Capital Blue Cross 2500 Elmerton Avenue Harrisburg, PA 17011 Defendant, pro Se Ave