Loading...
HomeMy WebLinkAbout12-0956IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA HOLTRY, NO. ao? a- s(o Plaintiff, m ca ?M -n rn r_ r- vs. CIVIL ACTION-LAW x? CD a ?A r- e w -tom JOHN R. SHIELDS, y° Defendant. x c:) w a Cn ,m PRAECIPE TO ENTER JUDGMENT PURSUANT TO DISTRICT JUSTIa C.4 '-' ''. JUDGMENT ENTERED ON TO THE PROTHONOTARY: Please reduce the District Justice Judgment entered in this matter on case number MJ-09301-LT-0000179-2011 on November 28, 2011, to Judgment, and enter Judgment against the Defendant, JOHN R. SHIELDS, in the amount of 1,380.05 plus costs. Respectfully submitted, MOONEY & ASSOCIATES Date: 0 o By:-Ljlw Rachel C. Schreck, Esquire Attorney for Plaintiff I.D. # 309076 67 N Main Street Chambersburg, PA, 17201 (717) 263-9215 av').\ s31, 6t5 Pd Ckw1_?0 t* 9-71 V 0®u k&A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA HOLTRY, VS. JOHN R. SHIELDS, Plaintiff, Defendant. NO. CIVIL ACTION-LAW AFFIDAVIT OF NON-MILITARY SERVICE Before me, a notary public, personally appeared Rachel C. Schreck, Esquire, Attorney for Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, the Defendant, JOHN R. SHIELDS, is not in the military service of the United States of America, and he has personal knowledge that the said Defendant has a last known address of 243 East King Street, Apt. 6, Shippensburg, PA 17257, and is employed at or by JLG Industries, Inc., 560 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. Respectfully submitted, MOONEY & ASSOCIATES Date: 461a By: A&Ad? jejwz?' Rachel C. Schreck, Esquire Attorney for Plaintiff I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 Sworn and subscribed Jhi&A * day of G Notary Public me 2012. comMO?-TM of pg""y VANIA NOTARiAI SEAL Public PAMELA L. ROCKWELL, N?ottagrnyty Cow " Y O rctober 31, 2013 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY 1 COURTHOUSE SQUARE SUITE 100 CARLISLE, PENNSYLVANIA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA HOLTRY: Plaintiff V. JOHN R. SHIELDS: Defendant CERTIFICATE OF RESIDENCE PA.R.C.P. 236 I, hereby certify that the precise residence of LINDA HOLTRY is: 10115 RED MAPLE LANE, SHIPPENSBURG, PA 17257 TELEPHONE (717) 240-6195 AND certify that the last known address of the within JOHN R. SHIELDS is: 243 EAST KING STREET, APT. 6, SHIPPENSBURG, PA 17257 Amb& Rachel C. Schreck, Esquire Attorney for Plaintiff I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY TELEPHONE (717) 240-6195 1 COURTHOUSE SQUARE SUITE 100 CARLISLE, PENNSYLVANIA 17013 JOHN R. SHIELDS Date: 243 EAST KING STREET APT. 6 0tui) SHIPPENSBURG, PA 17257 No. aol a- q 34 RE: LINDA HOLTRY, Plaintiff V. JOHN R. SHIELDS, Defendant Notice is given that judgment in the above captioned matter has been entered against you on November 28, 2011, in the amount of $1,3805.00, plus interests and costs to be added. David D. Bue* 001 PROTHONOTARY OF C M AND TY By: CTMf or Deputy If you have any questions concerning the above case, please contact: Rachel C. Schreck, Esquire Attorney for Plaintiff 67 N. Main Street Chambersburg, PA 17201 (717) 263-9215 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Brenda M. Knepper Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Linda Holtry PO Box 367 Shippensburg, PA 17257 Disposition Details Notice of Judgment/Transcript Residential Lease Linda Holtry V. John R Shields Docket No: MJ-09301-LT-0000179-2011 Case Filed: 11/28/2011 Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No John R Shields Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-LT-0000179-2011 Linda Holtry John R Shields Judgment for Plaintiff 12/12/2011 Judgment Summary Participant Joint/Several Liability Individual Liability Amount John R Shields $0.00 $1,380.05 $1,380.05 Linda Holtry $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of Linda Holtry vs. John R Shields on 12/12/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: i Rent in Arrears $0.00 $1,260.00 Costs $0.00 $120.05 Grand Total: Portion of judment for physical damages arising out of residential lease: Amount of judgment subject to attachment 42 PA C.S. 8127: Amount $1,260.00 $120.05 3l ,,5t$U. U-% $0.00 $0.00 MDJS 315A Page 1 of 3 Printed: 12/15/2011 9:07:34AM Linda Holtry V. John R Shields Docket No.: MJ-09301-LT-0000179-2011 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 COURT 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 SUPERSEDEAS, 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 ONLY TO APPEAL 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 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,?11' xf px Date Magisterial District Judge Brenda M. Knepper; COPY / // -3 Z / -?;;L- ?\-- _ Date Magisterial District Judge Brenda M. Knepper NIUJJ 3l oA Page 2 of 3 Printed: 12/15/2011 9:07:34AM ' Linda Holtry V. John R Shields Docket No.: MJ-09301-LT-0000179-2011 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 COURT 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 SUPERSEDEAS, 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 ONLY TO APPEAL 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 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,,,nn ur a .ntr:,h14O 3 ?. Date/ Magisterial District Judge Adams certify a is is a rue an correct copy o the record of the proceedings containing the judgment. 1 19". ' Date Magisterial District Judge Adams MDJS 315A Page 2 of 3 Printed: 01/12/2012 11:37:25AM 0T1110610 TARY 20 12 FEB 13 Ply 3: 3 7 CUMBERLAND COUNTY PENNSYLVANIA . t iLED-C -" ICE PRGTi ONOTA q, ? l FEB 28 II ? %)J CUMBERLAND COUNT" PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA HOLTRY, Plaintiff, NO. 2012-956 vs. JOHN R. SHIELDS, Defendant. CIVIL ACTION-LAW 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 John R. Shields, Defendant, (2) against JLG Industries, employer of the Defendant. Date: a - ?--l ` la Respectfully submitted, MOONEY & ASSOCIATES S o.,,?? s 9&, sa ?d 1 By: %?G'LItPJ? NlC? Rachel C. Schreck, Esquire Attorney for Plaintiff I.D. # 309076 67 North Main Street Chambersburg, PA, 17201 (717) 263-9215 1z?a?lcol5 CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: The Plaintiff judgment-creditor is Linda Holtry, 10115 Red Maple Lane, Shippensburg, PA 17257. 2. The Defendant judgment-debtor is John R. Shields, with a last known address 243 East King Street, Apartment 6, Shippensburg, PA 17257. The employer garnishee is JLG Industries, Inc., 560 Walnut Bottom Road, Shippensburg, PA 17257. 4. The judgment arises out of a residential lease for the premises at 243 East King Street, Apartment 6, Shippensburg, PA 17257. (a) The amount of the judgment is $1,380.05. (b) Per agreement of the parties, there was no security deposit required to lease the premises. (c) The amount of $0 has been paid toward satisfaction of the judgment. (d) Plaintiff incurred attorney fees in the amount of $295.00 in order to collect upon the judgment. (e) Plaintiff paid a locksmith $53.00 on January 9, 2012, to change two locks on the leased premises since Defendant failed to return his key. Attached as Exhibit "A". (f) Plaintiff paid a constable $26.05 on December 29, 2011, in order to serve the Defendant. Attached as Exhibit "B". (g) Plaintiff paid a constable $116.05 on January 9, 2012, in order to assist in the eviction of Defendant. Attached as Exhibit "C". (h) Plaintiff paid $31.25 to the Prothonotary of Cumberland County for filing the Praecipe to Enter the Judgment Pursuant to District Justice Judgment. Attached as Exhibit "D". (i) Plaintiff paid $28.50 to the Prothonotary of Cumberland County for filing the Praecipe For Notice of Intent to Attach Wages. 0) Plaintiff paid $100.00 to the Sheriff of Cumberland County to serve the Notice of Intent to Attach Wages. 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 a civil action commenced in the court of common pleas. X in an action brought before a magisterial district judge. in an action commenced in the Philadelphia Municipal Court. 8. Check the appropriate paragraph and attach the required documents: a. X 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 13hila.M.C.R.Civ.P. No. 11 I(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. VERIFICATION 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. Dater Linda oltly COMMONWEALTH OF PENNSYLVANIA `. Landlord/Tenant Complaint COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Brenda M. Knepper Address: 35 "lest Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 FILING COSTS POSTAGE SERVICE COSTS CONSTABLE ED. ANAOUNT DATE PAID /(/°?'Fl // TOTAL PLAINTIFF' NAME and ADDRESS RD, 1-3<>X 3ro7 11'? l SN I?PCly -sec "q / I ? DEFENDANT: NAME and ADDRESS 07 513 Docket No: Z Case Filed: //_o??r? Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is ?esidentiai F-1 Nonresidential F1 Damages for injury to the real property, to wit: in the amount of: $ E] Damages for the unjust detention of the real property in the amount of $ Rent remaining due and unpaid on filing date in the amount of ?, . And additional rent remaining due and unpaid on hearing date t(o? ` Attorney fees in the amount of $ THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ L7lvC. OD 1. The location and the address, if any,. of the real property is: `/ ?'A NG 1J/-?' 6' 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to _ under whom you claim- 4. g Notice to quit was given in accordance with law, or No notice is required under the terms of the lease. 5. F] The term for which the property was leased or rented is fully ended, or [?q"A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: Jr or, Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up to. its possession. 1, L i N? P, A/o Q --La 1 verify that the facts set forth in this complaint are true and correct to the best of y knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to authorities. _ (''>ignzture of Plaintiff?J The plaintif "s attorney shall File an ectry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D-.i. 207.1 IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on the complaint format the office BEFORE THE TIME set for the hearin^y. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. J I MDJS 310A 1 Printed' 07/0112011 11:58:19AM Ray Mummert 2000 Orrstown Rd. °` Shippensburg, PA 17257 mss. adsrres 1StCY 1 f'11J JUr rvi i i ??-.? ?--? ?•-• °?-- TC5803 COMMONWEALTH OF PENNSYLVANIA Receipt COUNTY OF CUMBERLAND `ter` .= Receipt Number: Recorded Date: Receipt Date: Manual Receipt No: 09301-2011-R0009493 12/29/2011 9:24:03AM 12/29/2011 Mag. Dist. No. MDJ-09-3-01 MDJ Name Honorable Brenda M. Knepper Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Payor: Linda Holtry PO Box 367 Shippensburg, PA 17257 Payment Source: Window 'ayment Date Payment Method Check 1 Money Order Bank Transit Number Void Payment Number Amount 2/29/2011 Check 1806 No $26.0 Items Receipted: Responsible Participant: Holtry, Linda Docket Number: MJ-09301-LT-0000179-2011 Holtry, Linda v. Shields, John R Complaint/Citation Number: Lead Offense: Original Beginning Transaction Type Amount Ending Assessment Balance Paid Balance Constable Education Training Act (Act 44 of $5.00 $5.00 Payment ($5.00) $0.00 1991) Server Fee $21.05 $21.05 Payment ($21.05) $0.00 ATJ - Case $3.00 $0.00 $0.00 $0.00 Civil Filing - Commonwealth Cost - HB627 $15.70 $0.00 $0.00 $0.00 (Act 167 of 1992) Civil Filing - State Court Costs (Act 204 of $15.70 $0.00 $0.00 $0.00 1976) CJES - Case $2.25 $0.00 $0.00 $0.00 Constable Education Training Act (Act 44 of $5.00 $0.00 $0.00 $0.00 1991) Filing Fee (Civil) $39.10 $0.00 $0.00 $0.00 JCPS - Case $10.25 $0.00 $0.00 $0.00 Judicial Computer Project - Case $8.00 $0.00 $0.00 $0.00 Server Fee $21.05 $0.00 $0.00 $0.00 TOTALS $146.10 $26.05 ($26.05) $0.00 r-+. i $0.00 Total amount owed by responsible participant on all non-archived cases in this Court for Participant Account No 1021-7515262: Payment Summary: Total Payment Received: $26.05 Change Amount: $0.00 Retained Unapplied Amount: $0.00 Payments Less Change: $26.05 Comments: dmc $0.00 I R'E ?f Q u N 64; C am MDJS 120 1 Printed: 1 CO.AMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IQ Mag. Dist. No MDJ-09-3-01 MDJ Name: Honorable Harold A Adams Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Payor: Linda Holtry PO Box 367 Shippensburg, PA 17257 Payment Source: Window Receipt Receipt Number: Recorded Date: Receipt Date: Manual Receipt NO: 09301-2012-R0000177 01/09/2012 12:58:02P M 01109/2012 'ayment Date Payment Method Check / Money Order Bank Transit Number 'Void Payment Number Amount /9/2012 Check 1808 No $116.0 Items Receipted: Responsible Participant: Holtry, Linda Docket Number: MJ-09301-LT-0000179-2011 Holtry, Linda v. Shields, John R Complaint/Citation Number: Lead Offense: ..... .. .. ............ .. Original Beginning Transaction Type Amount Ending Assessment Balance Paid Balance Constable Education Training Act (Act 44 of $5.00 $5.00 Payment ($5.00) $0.00 1997) Server Fee $111.05 $111.05 Payment ($111.05) $0.00 ATJ - Case $3.00 $0.00 $0.00 $0.00 Civil Filing - Commonwealth Cost - HB627 $15.70 $0.00 $0.00 $0.00 (Act 167 of 1992) Civil Filing - State Court Costs (Act 204 of $15.70 $0.00 $0.00 $0.00 1976) CJES - Case $2.25 $0.00 $0.00 $0.00 Constable Education Training Act (Act 44 of $5.00 $0.00 $0.00 $0.00 1997) Constable Education Training Act (Act 44 of $5.00 $0.00 $0.00 $0.00 1991) Filing Fee (Civil) $39.10 $0.00 $0.00 $0.00 JCPS - Case $10.25 $0.00 $0.00 $0.00 Judicial Computer Project - Case $8.00 $0.00 $0.00 $0.00 Server Fee $21.05 $0.00 $0.00 $0.00 Server Fee $21.05 $0.00 $0.00 $0.00 TOTALS $262.15 $116.05 ($116.05) $0.00 Total amount owed by responsible participant on this case: Total amount owed by responsible participant on all non-archived cases in this Court for Participant Account No 1021-7515262: Payment Summary: Total Payment Received: $116.05 Change Amount: .00 Retained Unapplied Amount: $0.00 Payments Less Change: $116.05 MDJS 120 $0.00 $0.00 1 Printed: 01 ^ RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 HOLTRY LINDA (VS) SHIELDS JOHN R Case Number 2012-00956 Received of PD BY ATTY SCHRECK BH Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 31.25 Check# .00 .00 $31.25 ------------------------ Distribution Of Payment Transaction Description Payment Amount Receipt Date 2/13/2012 Receipt Time 15:35:49 Receipt No. 271021 1709 JDMT/DJ 16.50 CUMBERLAND CO GENERAL FUND TAX ON JDMT/DJ .25 BUREAU OF RECEIPTS AND CONTROL SATISFACTION 9.50 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND $31.25 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy zo?r?i? pt t?imGrfif7?? F!LF- l`0F-FIi t_ HE AP?0 1 ?40) Nti0 Ire `' ?011 MAR 20 Alf Iii: 4 5 Richard W Stewart Solicitor OFF C p '. c Ti-? CUMBERLAND COUNTY 'EWISYLVANIA Linda Holtry vs. John R. Shields Case Number 2012-956 SHERIFF'S RETURN OF SERVICE 03/08/2012 03:22 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 8 2012 at 1522 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: John R. Shields, by making known unto himself personally, at JLG Industries, Inc., 560 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $68.45 March 12, 2012 SO ANSWERS, (??" -r?l R ON R ANDERSON, SHERIFF (q CnuntyS,iJP S hen ft _Te'?ac LINDA HOLTRY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION JOHN R. SHIELDS No. 12-956 Civil Term Employee TO: JLG INDUSTRIES, INC., 560 WALNUT BOTTOM ROAD, SHIPPENSBURG, PA 17257 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 $1,380.05 plus costs $649.55 total: $2,029.60 The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: LINDA HOLTRY 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: JOHN R. SHIELDS, 243 EAST KING STREET, APT. 6, SHIPPENSBURG, PA 17257 Any questions should be directed to the Plaintiff-Creditor: Rachel C. Schreek, Esq. Mooney & Associates, 230 York Street, Hanover, PA 17331 (717)263-9215 Date: 4/12,'2012 )2?_ 41::?_ _-gt?CL David D. Buell, Prothonotary Costs: $128.20 pd atty By De 4?z? 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 Defendant No of Year Date: 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) F't',J T 110140 TA. < "`af R 12 AINII: Ir_ a.? i iV ?Lti S? E OUNT`i: PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA HOLTRY, Plaintiff, vs. JOHN R. SHIELDS, Defendant NO. 2012-956 CIVIL ACTION-LAW PRAECIPE FOR WRIT OF ATTACHMENT OF WAGES To the Prothonotary: 0 1, 51". Q S /US 6 sir 4,+a4«;%g ; s b yq. ss Please Issue a Writ of Attachment of Wages, Salary or Commission for $2,029.60, to Defendant's employer in the above-captioned matter due to Defendant's failure to timely file a claim for exemption of wages from attachment. Date:- - 102 41&a&' SD pd a, ?'• ys e ?poFaO? Respectfully submitted, MOONEY & ASSOCIATES By: Rachel C. Schreck, Esquire Attorney for Plaintiff I.D. # 309076 67 North Main Street Chambersburg, PA, 17201 (717) 263-9215 I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA HOLTRY, NO. 2012-956 Plaintiff, VS. CIVIL ACTION-LAW JOHN R. SHIELDS, Defendant. WRIT OF ATTACHMENT OF WAGES, SALARY OR COMMISSIONS Commonwealth of Pennsylvania County of Cumberland To: JLG Industries, Inc. 560 Walnut Bottom Road Shippensburg, PA 17257 You have been identified as the employer of the above-named Defendant. You are directed to withhold the wages, salary and commissions of the Defendant in your possession to satisfy the judgment against the Defendant. You are notified that 1. an attachment of wages, salary and commissions has been issued; 2. you are ordered to withhold from the wages, salary and commissions of the Defendant an amount per pay period which does not exceed ten (10) percent of the Defendant's net wages, salary and commissions; Net wages are all wages paid less only the following items: (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. 3. the total amount attached is $ and the withholding must continue until the amount of the attachment is satisfied; 4. the attached wages shall be sent to the Prothonotary of the Court of Common Pleas within 15 days from the close of the last pay period in each month. The check must a. contain the name of the employee whose wages are being withheld, b. be made payable to the Prothonotary, and c. be sent to Office of the Prothonotary Court of Common Pleas of Cumberland County 1 Courthouse Square Carlisle, PA 17013 5. you are entitled to deduct each pay period from the money collected from the Defendant employee the costs incurred from the extra bookkeeping necessary to record the transaction, not exceeding $5.00 of the amount of money so collected. 6. by law, you may not take any adverse action against the Defendant because his or her wages, salary or commissions have been attached. 7. you shall send the following notice to the Prothonotary if the Defendant has never been or is no longer an employee: IN THE COURT OF COMMON PLEAS OF LINDA HOLTRY, Plaintiff, vs. JOHN R.. SHIELDS, Defendant. CUMBERLAND COUNTY, PENNSYWANIA ' C c ?` NO. 2012-956 CIVIL ACTION - LAW C) C CERTIFICATE OF SERVICE 1, Rachel C. Schreck, Esquire, attorney for the above Plaintiff, hereby certify that on this _ff?' day of A R \ , 2012, I have forwarded a copy of the Writ of Attachment d an Praecipe for Writ of Attachment of Wages, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: John R. Shields 243 East King Street, Apt. 6 Shippensburg, PA 17257 Respectfully submitted, MOONEY & ASSOCIATES By:??p Rachel C. Schreck, Esquire Attorney for Plaintiff I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215