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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)