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HomeMy WebLinkAbout12-6191COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Robert L Baltimore Jr. 8 Stine Ave Carlisle, PA 17013 Disposition Summary MJ-09202-CV-0000082-2012 MJ-09202-CV-0000082-2012 Judgment Summary Participant Emily Treaster Kevin Treaster Robert L Baltimore Jr. Notice of Judgment/Transcript Civil Case Robert L Baltimore Jr. V. Kevin Treaster, Emily Treaster t "} r.> c~ , ~~ rv `r Docket No: MJ-092 O ~ ~F OOAd082 Case Filed: 5/14/201 t-- ~ --' -C Z' w •C~' A ~-;;. ~'~' ~_, ~;- ~ ~~. ~' i . s.f ~ .~ ..u~ ~'~ Plainttiff Defendant DispositionDisposition Date Robert L Baltimore Jr. Kevin Treaster Judgment for Plaintiff 07/19/2012 Robert L Baltimore Jr. Emily Treaster Judgment for Plaintiff 07/19/2012 JointlSeveral Liability individual Liability Amount $3,098.41 $0.00 $3,058.41 $3,058.41 $0.00 $3,058.41 $0.00 $0.00 $0.00 Judgment Detail ~*PostJudgment) In the matter of Robert L Baltimore Jr. vs. Kevin Treaster; Emily Treaster on 7/19/2012 the judgment was awarded as follows: Judoment Component JoinUSeveral Liability Individual Liability Deposit Aoaied Amount Costs $144.33 $0.00 $144.33 Civil Judgment $2,914.08 $0.00 $2,914.08 Grand Total: $3,058.41 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYiCLER1C OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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 COMIfA©W PLEAS AND NO FURTHEit PROCE68 MAY 8~s ISS1~p 8y THE AA,~4Gt~STERUIL DISTRICT JUDGE. UNLESS THE JUDGMENT tS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTK)N WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,.~,. e Date magisterial District Judge Jessica Brewbaker ~'~'°'""~~? a i ~- ~.4- Date M is vial District Judge ,fir 3/ ~ SFd ~as~ ~~~~~ MDJS 315 Page 1 of 2 Printed: 0'7119/2012 2:30:29PM / Y Ge- ~ ~ ~G°L/ Robert L Baltimore Jr. v. Kevin Treaster, Emily Treaster Participan# List Plaintiff(s) Robert L Baltimore Jr. 8 Stine Ave Carlisle, PA 17013 Defendant(s) Emily Treaster 107 E High St Carlisle, PA 17013 Kevin Treaster 107 E High St Carlisle, PA 17013 Docket No.: MJ-09202-CV-0000082-2012 MDJS 315 Page 2 of 2 Printed: 07/19/2012 2:30:29PM Opinion: Robert L. Baltimore, Jr. v. Kevin and Emily Treaster The testimony and the exhibits provided at the hearing on July 19, 2012 indicated that the Treasters had rented an apartment at 36 Locust Street, in Carlisle, Pennsylvania, from Mr. Baltimore. They had rented the apartment for five years, on a year-to-year lease. At the end of the 5`~ year, in February of 2012, the parties decided that they were going to part ways (this decision either came from the Treasters or from Mr. Baltimore, depending on who is telling the story). They then entered into a month-to-month lease. When the Treasters failed to pay the $500 month in the first month of the new lease (March 2012), Mr. Baltimore filed aten-day notice to quit. Rather than explain that they needed more time to make repairs, the Treasters left the home in a great amount of disrepair, full of tons of trash. Mr. Baltimore was left to clean up this mess. As a result, the following amounts are ordered: $525.00 for March rent and late fee $1689.53 for repairing the kitchen floor, blinds, and repainting (though the Treasters had attempted to repair the kitchen floor, it was wet underneath the new tile) $429.55 for water bill $270.00 for cleaning and trash bags The total Judgment for the Plaintiff is thus $2914.08, plus Court costs, for a total Judgment of $3058.41. It is so ORDERED. Date: ~ ~~,~ L rewbaker, Esq. District Judge ~ ~ "~ Robert L Baltimore, Jr. 1 8 Stine Ave Carlisle, PA 17013 at 13 DEC -9 PM E 2 Plaintiff In Pro Per '-',UMBERLAND COUN.}. 3 PENNSYLVANIA 4 Cumberland County Courthouse 5 6 ) Case No.: 12-6191 Robert L Baltimore, Jr., 7 ) ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff, ) OF JUDGMENT 8 ) vs. 9 Kevin&Emily Treaster 10 ) Defendant ) 11 12 COMES NOW Robert L Baltimore, Jr., 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 7/19/12. 15 2) THAT Plaintiff Robert L Baltimore, Jr., was awarded against Defendants Kevin&Emily 16 Treaster the sum of$3,058.41. 17 3) THAT there have been no renewals since the entry of said judgment by this court and that 18 Plaintiff Robert L Baltimore, Jr., has received $0.00 of judgment from Defendants Kevin 19 &Emily Treaster. 20 4) THAT Robert L Baltimore, Jr., of 8 Stine Ave Carlisle PA 17013 is the judgment credito 21 of record. 22 5) THAT the last address of record for the judgment debtor is 107 E High Street 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 M �C 27 7.5-vpd DB/A MDC Judgment Recovery .0 -e4 J� 28 CS PO BOX 52 Mount Holly Springs, PA 17065 717-609-0178 W42"79,20 "Acknowledomnnt of Asgianment of Jiidament" - 1 1 2 7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC 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 '7' day of Wet".tb , 20 /,j at PA. 7 8 9 Robert L Baltimore, Jr. Commonwealth of Pennsylvania) 10 County of Cum nd before On this 1 day of_A(Q 11 a rIc.�ubll the ed , tpp s‘ known to me(or satisfactorily promeni to be the person , 12 whose name(s)is/are subscribed to the within instnrms* ..• r ;�i,r_. �. 11.ik and acknowledged that he/she/they i tecuted t e fangs NOTARIAL SEAL 13 for the purposes therein contained. CAMELA J,MANGES,Notary public In w hereof, sat n>y ens fella Boro of Carlisle,Cumberland County 14 Notary Public My Commission Expires June 21,2014 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Ac:knowl pdcrment of Assi onment of Judgment" - 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION /14 Q C MY"leltf g @ co V PRAECIPE FOR WRIT OF EXECUTION !46 e4 (d o** 11011y SP�'rl sP 17©6'x' Plaintiff 0✓ Other File No. 12-6191 Confessed Judgment Cpu,'(y d- keo`h rfecS#s. 1 Ori 5%`1 roti /61-176/3 Address: Defendant PENNSYLVANIA rr c Amount Due St Os go ; Interest Y. (t)'( 7Si4/ • Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original 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 County, for debt, interest and costs, upon the following described property of the defendant (s) gti f , )aut k ?O Nob re , hid (q v,1Ve, ,0$4 .17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply sixcopies of the description; supply four copies of lengthy personalty list) Kevin Treaster is believed to bank at Metro Bank 20 Noble Blvd. Carlisle, PA / 7.(9/ 1 wish to levy on all accounts with his name on them and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 7131 aol y Signature: cv5,1"8� r (1 Print Name: Address: Attorney for: Telephone: eP j ra,1dva'1 /44., ifony 4/Wit": A iwr 717 -iiq-0-r Supreme Court ID No: THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MDC JUDGMENT RECOVERY Vs. NO 12-6191 Civil Term CIVIL ACTION — LAW EMILY & KEVIN TREASTER 107 E. HIGH STREET CARLISLE, PA 17013 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF COUNTY: To satisfy the judgment, interest and costs against EMILY & KEVIN TREASTER, 107 E. HIGH STREET, CARLISLE, PA 17013 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANK, 20 NOBLE BLVD., CARLISLE, PA 17013GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which 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. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all 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. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,058.41 Plaintiff Paid $69.75 Interest 6% FROM 07/14/12 TO PRESENT Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: bpviz David D. Buell, Prothonotary By:• REQUESTING PARTY: Name : MICHAEL CARDUCCI, PLAINTIFF Address: PO BOX 102, MT. HOLLY SPRINGS, PA 17065 Attorney for: Telephone: 717-609-0178 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 //tickaf KiAdqaff' 11/(-° 97-terPoePef XPcOae'f,,V VS kr0;119.04,9 rtece5iieg- In the Court of Common Pleas of Cumberland County, Pennsylvania No. /62 - ‘/q / Civil Term 41410111114IP .-iii,"-t,'Icc?celf 'of eatrce liPre rety ly 3 of V, /fchael (da'; / fi A (* 7- I/ ( "-Koff 4 cioe/y coVe (oPJ z2{ Nte 14 of. eX669/1 a 1K4v1-0 ce-foe;es qffaci) Nept4 hj/tax ,JVf#p. See k David D. Buell, Prothonotary 40'1 ckber Ittaggeey Info: ,4t;cUcte( raedutcr; 1114 rvi_vC "/ dieptePh 4pcmptefAy o Zox i6 '141( I -Jolly cecnies, /417c26 aintiff rrl C33 =7° cnr- -<x' r- 7: <c-3 xczc, e y 231 Pa. Code Rule 3253. Interrogatories in attachment. s•e�t Rt +lAlt£"'✓l'taiLiiA .................. . PREVIOUS * NEXT MAPI RTOC .:` Page 1 of 4 an YS. f' Rule 3253. Interrogatories in attachment. (ase oto. /) Interrogatories of the plaintiff to the garnishee shall be substantially in the following form: D c 71.66sweed RQ r©very (Caption) po _80x /ova.. 4'+ tfelty 5t1f >+ p4 17065 Interrogatories to Garnishee To dile t`fo A2r! : (Garnishee) ir'etii`n C i /y rrc/shew • You are required to file answers to the following interrogatories within twenty (20),days after service upon you. Failure to do so may result in _judgment aga.:inst'you: sw c' 1. At the time you were served or at any subsequent time did you owc the defendant a iy 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? Defendant Emily Treaster has no accounts with Metro Bank Defendant Kevin Treaster has account with $2.54 which. is less than $300 exemption 2. At the titne 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? no 3. At the time you 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? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 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 the consideration therefore? no 6. 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 any claim of the defendant against you? no 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 Federa.lf law? I,f-so; identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. no 8. if you are a bank or other financial institution, at the time you were served or at any http://www.pacode.com/securc/data/231/ehapter3000/s3253.html CO 390d 7/1 /?n1 Z- 60:Et 1taZ/E9/La . .s VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist (Title) Metro Bank, (Company) garnishee herein, that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA p0090e/ CIVIL DIVISION Ali( j ( �u-9 �PP, /1 PRAECIPE FOR WRIT OF EXECUTION Confessed Judgment pLC-t.cr / vs. c. S 36 E L ©cac+ Ave Plaintiff : A-e'ther File No. Cao^ /yes (et /0i4' 176(3 Address: ca- 6(1'1 Amount Due -P 3( prg. to 6 y'. (tea,, 7`/e'q lia., P,Qspw1 Defendant Interest • Atty's Comm • Costs TO THE PROTHONOTARY OF THE SAID COURT: . The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropri orifi 'al proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Acts as 1974 -as amended. mw Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the defendant (s)r- -.< (-) -w� PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) /e(/ 10 al E,uc` (y ate (lcewcd R9 4)cut k crf Ott k3 4e ce't `C 4 ,Lo (evy eczl> ®reu and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the Date defenda t(s) described in the attached exhibit. 1//3 /V 36of AQK f0n_ 5»., &f(rcVa , Ay 17 11) .21 .0 Pc/ ry / (I‘ 31-21.1 024.00 ,2 p P Signature: eg5 4 �#3/z9,7 Ex issue Print Name: Address: a`(rckaef (cavzdc a; PB ,RDx' (b k. /U4 , 740 fry spor`ir ,, Attorney for Telephone: Supreme Court ID No: 10- coq, or7 s ).2s—,eve 44- Y7e4S' THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MDC Judgment Recovery Vs. NO 12-6191 Civil Term CIVIL ACTION — LAW Kevin & Emily Treaster 36 E. Locust Ave. Carlisle, PA 17013 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF COUNTY: To satisfy the judgment, interest and costs against Kevin & Emily Treaster Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of Metro BankGARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that Kevin & Emily are believed to bank at Metro Bank. I wish to levy said account. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which 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.- (ii) aw.(ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all 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. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,058.41 Interest 6% fromn 7/19/12 - present Attorney's Comm. % Attorney Paid Date: 11/3/14 Plaintiff Paid $127.25 Law Library Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : Michael Carducci, Pro Se Address: P.O. Box 102 Mt. Holly Springs, PA 17065 Attorney for: Pro Se Telephone: 717-609-0178 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1 $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. hcPennsviva Page 1 of 4 (CeJO. ND "Tcalptiet471. Ieco ep,-gRMs V 1(9 7i 1 Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. The Praecipe for Notice of Intent to Attach Wages shall be substantially in the following form: (Caption) Praecipe for Notice of Intent to Attach Wages To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter against k'eV 4\ TFe4( (1) , defendant, against Tr( i�`ox (2) , employer of the defendant. Date0�y 02 (' 57) pd f/f7( 'CSS Alfr 31'2 qi7 cis Attorney for Judgment Creditor -Landlord or Judgment Creditor -Landlord if unrepresented Aid C 7i4if/ ftil AeC©C/g�y Address ,'b O( (©b __ /(4.. ,y0try SPINS` 's)',4 17065 Telephone number http://www.pacode.com/secure/data/231/chapter3000/s3311.html 11/3/2014 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. Page 2 of 4 Certification by Judgment Creditor—Landlord I certify that 1. The plaintiff judgment -creditor is 2. The defendant judgment -debtor is 3. The employer garnishee is ickae/ Cor/i1cc; Name ,o sot 10 a Address 4sk AIRY p/ct', )44 170(5 Name Fain`/y T ees4-er � 6 C L ©rr(si "grie Address 2,t iecie( /4' Ivo Name 7 ( Oefff fq /0 r {cif With 5.f. Address (Qr `rS/e, 104 no,s 4. The judgment arises out of a residential lease for the premises at (address). 3C L ©cct f 51. Car I fcs (e, /I, ) ?o 13 5. (a) The amount of the judgment is $ 3 pre, f (b) A security deposit in the amount of $ SO O e OD is being held by the judgment creditor -landlord. This security deposit (( ''ias 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 $ 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. http://www.pacode.com/secure/data/231/chapter3000/s3311.html 11/3/2014 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. 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: Page 3 of 4 (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: , j % — 3 .70 r 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. http://www.pacode. com/secure/data/231/chapter3000/s3311.html 11/3/2014 231 Pa. Code Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form. Page 4 of 4 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 11/3/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 1 of 5 PccinssIvanit. 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) 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 below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. 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 http://www.pacode.coin/secure/data/231/chapter3000/s3312.html 11/3/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 2 of 5 Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. (Name) C(IQU ier lea Qm uic`f) ��r ass©C/oA (Address) Car1csler /70 7)7^ auy- 3/0 (Telephone Number) (b) The claim for exemption from wage attachment shall be substantially in the following form: (CAPTION) http://www.pacode.com/secure/data/231/chapter3000/s3312.html 11/3/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 3 of 5 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 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.) http://www.pacode.com/secure/data/231/chapter3000/s3312.html 11/3/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 4 of 5 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 Address 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 http://www.pacode.com/secure/data/231/chapter3000/s3312.html 11/3/2014 231 Pa. Code Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from W... Page 5 of 5 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. 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 11/3/2014 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.Rov/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.) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ������� ~���"*"~�~~"~~'��"°��~���,•.. .�(��T/�`<l c-A�����nu`^ ' �. \..� ' A� . FM 3: ." U\\4�U�\x ,, �OAW�� �U[xo�`�,\&kQA �c���Y�V^`' CIFTICE OF ME SHERIFF MDC Judgment Recovery vs. Kevin Treastre (et al.) Case Numbe 2O12-G191 SHERIFF'S RETURN OF SERVICE 11/07/2014 0311 PM - Deputy Christopher Sharpe, 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 Howard Hiester, Branch Manager, who accepted as "Adult Person in Charge" for JFC Staffing, Inc. at 101 West High Stneet, Carlisle Borough, Cadio|o, PA 17013. CHRIST ER SHARPE, DEPUTY 11/07/2014 03:11 PM - Deputy Christopher Sharpe, 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 Howard Hiester,Branch Manager, who accepted as "Adult Person in Charge" for Kevin Treastre at 101 West High Street, Carlisle Borough, Carlisle, PA 17013. SHERIFF COST: $41.27 November 10, 2014 (c) CountySuito Sheriff, Telosoft, CHRIST ER SHARPE, DEPUTY SO ANSWERS, ~^ RONNYRANDERSON, SHERIFF fiD i7udptf Rj eo Aox.(0a I -co fly Spli4s, M VS ireWit Vt Esol'fr ?7pet5 ,Ler (a7 cqrh'svp, )7'o/2 fect5e 45ve 690414 iKr'045 71,1( Ocot w` c (c9 ut'f rc9515 `1. 6/ loPt aislAttlif In the Court of Common Pleas of Cumberland County, Pennsylvania No. 0- PT/ PRAECIPE Civil Term rn CD D oic Ca(a(y, crrt lor w. 4 -Ink -As+. `F."" 17 013 David D. Buell, Prothonotary JP/13 Cyter e 20 ARM:my Info: frDc 7-itdierueptic, INca2vey )00 6° x (Da 4o, ifo f) 5/Jorsi torf. 1700- 717 - ‘,.tv - r P aintiff 31. 4.06-1- I Qt4 .490 jsq Do 1 P 174U pLr1 111. .17 4.4 -BF 7:5-0 It 6.91, poL MDC Judgment Recovery VS Kevin Treaster 107 E. High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 12-6191 Civil Term TO: JFC Staffing, Inc., 101 W. High St., 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 $3,058.41 (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: 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: 107 E. High St., Carlisle, PA. Any questions should be directed to.the Plaintiff -Creditor: MDC Judgment Recovery, do Michael Carducci, PO Box 102, Mt. Holl Springs, PA 17065 •717-609-0178 • Date: 12/08/1.4 Costs: $ 168.52 pd Plff By Deputy: David D. Buell, 'rothonotary You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: Date: I have received a Writ of Attachment in the following case: Plaintiff No v. Defendant of Year The following person, has never been ( ) Or is no longer and employee ( ) Signature of Employer Print name of Employer Address Address Telephone # ************************************************************************ For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court)