HomeMy WebLinkAbout13-2568 Michael Mellot In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 13— A-S(D8 Civil Term
MJ -093 03 -LT- 0000027 -2013
vs
CD
Sherry Winters
rn CO
CO a
Win
PRAECIPE w - z5c-)
fix
To the Prothonotary:• -
Kindly enter judgment against Defendant, Sherry Winters, in the amount of
$5,559.13 in accordance with the Judgment awarded by the Honorable Susan K. Day as
evidenced by the copy of Notice of Judgment attached hereto.
David D. Buell Prothonotary
20
Attorney Info:
Melissa L. Kelso, Esquire g Attorney for plaintiff
Attorney ID No. 306793
Salzmann Hughes, P.C.
354 Alexander Spring Rd., Suite 1 3) ar J Pp AT"
Carlisle, PA 17015
of
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND Notice of Judgment/Transcript
Residential Lease
F t. No: MDJ- 09 -3 -03
me: Honorable Susah K. Day Michael Mellot
V.
229 Mill Street Sherry Winters
P.O. Box 167 84N5 n
Mount Holly Springs, PA 17065 I i L�CRG
�arlisie , P� I ?o13
Telephone: 717 -486 -7672
Melissa Lynn Kelso, Esq.
Salzmann Hughes, P.C. Docket No: MJ 09303 - LT - 0000027 - 2013
354 Alexander Spring Rd, Suite 1 Case Filed: 2/5/2013
Carlisle, PA 17015
Disposition Details
Grant possession.
Grant possession if money judgment is not satisfied by the time of eviction. No
Yes
Disposition Summary
Docket No Plaintiff Defendant
MJ 093 03 -LT- 0000027 -2013 Michael Mellot Dispositio Disposition Date
Sherry Winters Judgment for Plaintiff 02/19/2013
Judgment Summary _,._ _._ .. . ...... ........._ _. . _...- _ ,
Participant Joint/Several Liability Individual Liability
Michael Mellot $0.00 Amount
Sherry Winters $0.00 $0.00
u ment e
$0.00 $5,559.13 $5,559.13
dg
_ ._.._. _-.._ st . Jua dg ment) _.. _ - . _.
''
Jtail ('Pos "
In the matter of Michael Mellot vs. Sherry Winters on 2/19/2013 the judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge, is $775.00
Judament Component Joint/Several Liability Individual Liability Deposit Applied
Rent in Arrears $0.00 Amount
Filing Fees $5,378.00 $5,378.00
$0.00 $146.50
Server Fees $0.00 $146.50
$34.63 $34.63
Grand Total: $5,559.13
Portion of judgment for physical damages arising out of residential lease:
$0.00
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. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE
ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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.
MDJS 315A
Page 1 of 3 Printed: 04/11/2013 8:38:49AM
N
Michael Mellot Docket No.: MJ- 09303 -LT- 0000027 -2013
V.
Y
Sherry Winters
Date Magisterial District Judge Susa Day
,.,.,
certi t at t is is a true an correct copy :)f the record of e procee ings co ami g t e ju gment.
Date Magisterial District Judge
MDJS 315A
Page 2 of 3 Printed: 04/11/2013 8:38:49AM
MICHAEL MELLOT, IN THE COURT OF COMMON
Plaintiff PLEAS, CUMBERLAND COUNTY,
VS. PENNSYLVANIA
SHERRY WINTERS, No.
Defendant CIVIL TERM
NOTICE OF ENTRY OF JUDGMENT
To Sherry Winters:
You are hereby notified that on May __8_ 2013, Judgment was entered against-you-by
Plaintiff, Michael Mellot, in the amount of $5,559.13 in the above - captioned case.
i
Date:
David D. Buell, Prothonotary
IN THE COURT OF COMMON PLEAS OF
MICHAEL MELLOTT, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs. No. 13-2568
SHERRY WINTERS, CIVIL ACTION C_-
ICU
Defendant
T+ CD
r--M ,
f") ` '7L;
Praecipe for Notice of Intent to Attach Wages - { t
To the Prothonotary:
Issue a Notice of Intent to Attach Wages in the above matter
(1) against X , Defendant Sherry Winters
(2) against , employer of the defendant.
Respectfully submitted,
SALZMANN HUGHES, P.C.
Date: May�O 2013 r
`Melissa L. Kelso, Esquire
Attorney I.D. No. 306793
79 St. Paul Drive
Chambersburg, PA 17201
(717) 263-2121
Attorney for Judgment Creditor-Landlord
a8.5o P is ATr1
2 �gb9Q3
Certification by Judgment Creditor--Landlord
I certify that:
1. The plaintiff judgment-creditor is: Michael Mellott
107 Pinedale Road
Carlisle, PA 17015
2. The defendant judgment-debtor is: Sherry Winters
P.O. Box 231
Shermans Dale, PA 17090
3. The employer garnishee is: Added Touch
800 E. High Street, Suite 419
Carlisle, PA 17013
And
Added Touch
4200 Derry Street, Bldg 8
Harrisburg, PA 17111
4. The judgment arises out of a residential lease for the premises located at:
3445 Springs Road
Carlisle, PA 17013
5. (a) The amount of the judgment is: $5,559.13
(b) A security deposit in the amount of $775.00 is being held by the judgment
creditor-landlord. This security deposit has been applied to payment of rent of the
same premises for which the judgment has been entered.
(c) No sum has been paid toward satisfaction of the judgment.
6. This Praecipe is filed within five years of the date of the original judgment upon which
execution is sought.
7. Judgment was entered (check one)
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) If the judgment was entered in a civil action (P&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.
X (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. I I I(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: May c2,2013
Judgment Credi-(or--Landlord
Magisterial District Judge 09-3-03
RACKET
Docket Number: MJ-09303-LT-0000027-2013
` Landlord/Tenant Docket
Michael Mellot
V.
Sherry Winters
a, Page 1 of 2
CASE INFORMATION
JudgeAssioned: Magisterial District Judge Susan K.Day File Date: 02/05/2013
Claim Amount: $5,378.00 Case Status: Closed
Judgment Amount: $5,559.13
CALENDAR EVENTS
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Recovery of Real Property 02/19/2013 1:30 pm Magisterial District Judge Scheduled
Nearing Susan K.Day
CASE PARTICIPANTS-
Participant Type Participant Name Address
Defendant Winters,Sherry Carlisle,PA 17013
Remitter Salzmann Hughes,P.C. Chambersburg,PA 17201
Plaintiff Mellot,Michael Carlisle,PA 17013
DISPOSITION SUMMARY
Docket Number Plaintiff Defendant Disposition Disposition Date
MJ-09303-LT-0000027-2013 Michael Mellot Sherry Winters Judgment for Plaintiff 02/19/2013
CIVIL DISPOSITION/JUDGMENT DETAILS
Disposition Date: 02/19/2013 Months Rent: $775.00
Joint/Several Individual Net
Defendant(s) Plaintiff Disposition Liability Liability Judgment
Sherry Winters Michael Mellot Judgment for Plaintiff $0.00 $5,559.13 $5,559.13
Judgment Components:
Type Amount Deposit Amount Adiusted Amount
Rent in Arrears $5,378.00 $0.00 $5,378.00
Filing Fees $146.50 $0.00 $146.50
Server Fees $34.63 $0.00 $34.63
*is Joint/Several
Civil Disposition Details:
Grant possession. No
Grant possession if money judgment is not satisfied by the time of eviction. Yes
MDJS 1200 Printed:05/13/2013 2:14 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in
the court wherein the record is maintained.
Magisterial District Judge 09-3-03
17 77 77 777 -777 7- 7 . DOCKET 77
Docket Number: MJ-09303-LT-0000027-2013
Landlord/Tenant Docket
Michael Mellot
V.
Sherry Winters
Page 2 of 2
ATTORNEY INFORMATION
Private
Name: Melissa Lynn Kelso,Esq.
Reoresenting_ Mellot,Michael
Counsel Status: Active-Entry of Appearance
Supreme Court No.: 306793
Phone No.:
Address: Salzmann Hughes,P.C.
354 Alexander Spring Rd,Suite 1
Carlisle,PA 17015
Entry of Appearance Filed Dt: 02/05/2013
Withdrawal of Entry of Appearance Filed Dt:
'_ °DOCKET ENTRY INFORMATION."
Filed Date Entry Filer Applies To
04/09/2013 Order for Possession Successfully Served Magisterial District Court 09-3-03 Sherry Winters,Defendant
03/22/2013 _Order for Possession Issued_ _ _ _Magisterial District Court 09-3-03 Sherry Winters,Defendant —
_ _
03/22/2013 _Order for Possession Requested_ _ —_ _Michael Mellot —_ _ — —_ Sherry Winters,Defendant_ _ —_ — _
02/19/2013 _Judgment for Plaintiff —_ —_ _ _ _Magisterial District Court 09-3-03 Sherry Winters,Defendant_
— — — —
0211912013 Judgment Entered — Magisterial District Court 09-3-03 Sherry Winters,Defendant
02/05/2013 Entry of Appearance Filed Melissa Lynn Kelso,Esq. Michael Mellot,Plaintiff
02/05/2013 Landlord/Tenant Complaint Filed Michael Mellot
MDJS 1200 Page 2 of 2 Printed:05/13/2013 2:14 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in
the court wherein the record is maintained.
COMMONWEALTH OFPENNSYLVANIA Notice of J ' dg00ent/Transc ~p0
COUNTY OFCUMBERLAND
Residential Lease
Michael Mellot
MDJ Name: Honorable Susan K. Day V.
Address: 229 Mill Street Sherry Winters
P.O. Box 167
Mount Holly Springs,PA 17065
Telephone: 717-486-7672
Melissa Lynn Kelso, Esq. Docket No: 3
Salzmann Hughes, P.0 Case Filed: 2/5/2013
354 Alexander Spring Rd, Suite 1
Carlisle, PA 17015
'
^�
Dispos|tiooDehaile
Grant possession, No
Grant possession if money judgment in not satisfied by the time ofeviction. Yes
r| / �|i �
u �poo/non �unnnmmry
Docket No Plaintiff Defendant Disposition Disposition Date
MJ'09303'LT-0000037-2013 Kxicoao| Manm Sherry Winters Judgment for Plaintiff 02/18/2013
- --'-- _-_-_--_ -'_ ' '--~-- _-'--'
�od�nmentSunmrnory
' Participant /mount
5uxao| Mello $0.00 $0.00 $0.00
Sherry Winters KO0 $5.559.13 $5.559.13
j Q rr e� o_c_ue—u_a'x_-(°p-o_s_-u_gn_m_nU_
|n the matter ofMichael N\e||otxo, Sherry Winters on2/102013 the judgment was awarded asfollows:
The amount of rent per month,as established by the Magisterial District Judge,is$775n0
Judgment Component Joint/Several Liabilily Individual Liability Deposit Applied Amount
�
Rent ioArrears $0.00 $5.378.00 $5.378.00
Filing Fees $0,00 $146.50 $146,50
Server Fees ' $0,00 $5*.65 $3*.63
Grand Total:- $5'55913
Portion nv judgment for physical damages arising out nf residential lea�e $0.00
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 Op THE COURT VF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST ae FILED WITHIN THIRTY DAYS |NRESIDENTIAL LEASE
ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,|FANY.
IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LEassn
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
3n 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 ANAPPEAL MUST INCLUDE A COPY OF THIS NOTICE OrJVDGMENTITRAN8oR|PT FORM WITH THE NOTICE OF
APPEAL. exCepT AS OTHERWISE PROVIDED IN THE RULES OF c|v|L PRQCEDURE,FDR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE^JUDGMENT iNTHE COURT oF.coMMDw PLEAS, L FURTHER PROCESS MUST COME
FROM THE COURT nF COMMON PLEAS AND NOFURTHER PROCESS MAY 8E ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS rneuUnGmENT |S ENTERED |wTHE COURT OF COMMON PLEAS, ANYONE INTERESTED |N THE JUDGMENT MAY FILE 4
REAUsST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES,
nR OTHERWISE COMPLIES WITH THE JUDGMENT.
moxsa1oA Paso 1 o/» Printed:04111/2013 8:38:49AM
Michael Mellot Docket No.: MJ-09303-LT-0000027-2013
V.
Sherry Winters
tk
Date Magisterial District Judge Susan .'Day
I certi that this is a true an correct copy o the recor o t e procee ings co aini g the judgment.
Date Magisterial District Judge
MDJS 315A Page 2 of 3
9 Printed:04/11/2013 8:38:49AM
IN THE COURT OF COMMON PLEAS OF
MICHAEL MELLOTT, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs. No. 13-2568
SHERRY WINTERS, CIVIL ACTION
Defendant
NOTICE OF INTENT TO ATTACH WAGES, SALARY OR
COMMISSIONS, RULE 3312
To: Sherry Winters
800 E High Street, Suite 419
Carlisle, PA 17013
Date of Service of this Notice (Date to be inserted by Sheriff)
A judgment has been entered against you in the 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 guideline 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 wage 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 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.
FRANKLIN COUNTY BAR ASSOCIATION
100 LINCOLN WAY EAST, SUITE E
CHAMBERSBURG, PA 17201
Respectfully submitted,
SALZMANN HUGHES, P.C.
Date: May o2013
Melissa L. Kelso, Esquire
Attorney I.D.No. 306793
79 St. Paul Drive
Chambersburg, PA 17201
(717) 263-2121
Attorney for Judgment Creditor-Landlord
Supreme Court of Pennsylvania
Civil Procedural Rules Committee
Poverty Income Guidelines
Pennsylvania Rule of Civil Procedure 3302(b) governs the attachment of wages,
salary and commissions under Section 8127(a)(3.1)of the Judicial Code. The rule requires
the prothonotary to attach to the Notice of Intent to Attach Wages"the most recent poverty
income guidelines issued by the Federal Department of Health and Human Services as
they appear on the web site of the Civil Procedural Rules Committee." The guidelines for
2013 are set forth in the following chart:
2013 HHS Poverty Income Guidelines
Expressed in Monthly Amounts
Size of Poverty Guideline
Family Unit Monthl Amount
1 $957.50
2 1,292.50
3 1,627.50
4 1,962.50
5 2,297.50
6 2,632.50
7 2,967.50
8 3,302.50
For each additional 335.00
person, add
1
IN THE COURT OF COMMON PLEAS OF
MICHAEL MELLOTT, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
VS. No. 13-2568
SHERRY WINTERS, CIVIL ACTION
Defendant
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, Sherry Winters, 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.
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.
(No.)
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 unworn
falsification to authorities.
Date:
Defendant
This claim shall be delivered or mailed to: Prothonotary of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
MICHAEL MELLOTT, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
VS. No. 13-2568
SHERRY WINTERS, CIVIL ACTION
Defendant
NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT
To the above-named Plaintiff:
The Defendant, Sherry Winters, 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.
Date:
Prothonotary
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
J t 11t:-
Sheriff �0 k �•'+' '` `'
5,atrrrrrb iii° E Mfr_ s a ir. E
Jody S Smith r e
Chief Deputy � �. 2013 Jt� "1 t . t
Richard W Stewart
Solicitor ')FFi E OF TK HEPIPP CUMBERLANO (:,G I
PENNSVLVAI"'A
Michael Mellott
Case Number
vs.
2013-2568
Sherry Winters
SHERIFF'S RETURN OF SERVICE
06/03/2013 01:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of
Intent to Attach Wages by"personally" handing a true copy to a person repres ntin hemselves to be
the Defendant, to wit: Sherry Winters at 800 East High Street, Suite 419, Car' le rough, Carlisle, PA
17013.
WILL A OLIN , DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
June 04, 2013 RbNW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Toleosoft,Inc.
IN THE COURT OF COMMON PLEAS OF
MICHAEL MELLOTT, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs. No. 13-2568
SHERRY WINTERS, CIVIL ACTION --.
Defendant
a") -�
PRAECIPE FOR WRIT OF ATTACHMENT OF WAGES Z-6
To the Prothonotary:
Please issue a Writ of Attachment of Wages, Salary or Commissions to each of the
following:
Added Touch
800 East High Street, Suite 419
Carlisle, PA 17013 Sf Ss�
Added Touch
4200 Derry Street, Bldg 8
Harrisburg, PA 17111
The Defendant Sherry Winters has not timely filed a claim for exemption of wages for
attachment, nor has there been an Order of Court issued pursuant to Rule 3303 (c).
Respectfully submitted,
SALZMANN HUGHES, P.C.
Date:
Melissa L. Kelso, Esquire
Attorney I.D.No. 306793
79 St. Paul Drive
Chambersburg, PA 17201
(717) 263-2121
a '00, p t' '� Attorney for Judgment Creditor-Landlord
q y..s3
CERTIFICATE OF SERVICE
I hereby certify that on the Q,.t_day of August 2013, I served a true and correct copy of
the foregoing document via United States mail, first class mail, postage prepaid, and addressed
as follows:
Sherry Winters
P.O. Box 231
Shermans Dale, PA
Salzmann Hughes, P.C.
By:
Melissa L. Kelso, Esquire
MICHAEL MELLOTT IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL DIVISION
SHERRY WINTERS No. 13-2568 Civil Term
TO: ADDED TOUCH
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$5,559.13(plus costs)
The employer shall send the attached wages to the Prothonotary, Cumberland County
Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: MICHAEL
MELLOTT 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: ADDED TOUCH, 800 East High
Street, Suite 419, Carlisle, Pa 17013 and ADDED TOUCH, 4200 Derry Street, Bldg 8, Harrisburg,
PA 17111.
Any questions should be directed to the Plaintiff-Creditor:
MELISSA L. KELSO,79 St.Paul Drive,Chambersburg,PA 17201,717-263-2121
Date: 8/23/2013
1\12.
David D. Buell,Prothonotary
Costs: $94.53 By Dep
You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an
employee on company letterhead:
I have received a Writ of Attachment in the following case:
Plaintiff v. Defendant
No of Year
The following person, has never been(�
Or is no longer and employee�)
Date:
Signature of Employer
Print name of Employer
Address
Address
Telephone#
For Prothonotary use only
Date:
David D. Buell, Prothonotary
Deputy
(Seal of the Court)