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HomeMy WebLinkAbout13-4024 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case �. Mag. Dist. No: MDJ- 09 -2 -01 Sandra F Ditzler MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Joann Wingate, Michael Wingate Carlisle, PA 17013 Telephone: 717-218-5250 Sandra F Ditzler Docket No: MJ- 09201 -CV- 0000020 -2013 15 Circle Drive Case Filed: 2/21/2013 Carlisle, PA 17015 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09201 -CV- 0000020 -2013 Sandra F Ditzler Joann Wingate Default Judgment for Plaintiff 05/06/2013 MJ- 09201 -CV- 0000020 -2013 Sandra F Ditzler Michael Wingate Default Judgment for Plaintiff 05/06/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Joann Wingate $8,493.34 $0.00 $8,493.34 Michael Wingate $8,493.34 $0.00 $8,493.34 Sandra F Ditzler $0.00 $0.00 $0.00 Judgment Detail ( *Post Judgment) In the matter of Sandra F Ditzler vs. Joann Wingate; Michael Wingate on 5/06/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $8,304.71 $0.00 $8,304.71 Filing Fees $188.63 $0.00 $188.63 Grand Total: $8,493.34 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK 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 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. t 5 �� I - f Date Magisterial District Judge Paul M Fegley = ^ °r certify that this is a true and correct copy of the record of the 7 9 ' proceedings containing the judgment. _ Date Magisterial Distria Judge MDJS 315 Page 1 oft Printed: 05/06/2013 11:32:53AM r Sandra F Ditzler Docket No.: MJ- 09201 -CV- 0000020 -2013 V. Joann Wingate, Michael Wingate Participant List Plaintiff(s) G ... - Sandra F Ditzler -0,:K 1-1� 15 Circle Drive = Carlisle, PA 17015; Defendant(s) «C� c:) z� F Joann Wingate c r:k 41 Country Club Road Irk '"' Carlisle, PA 17015 Michael Wingate 41 Country Club Road Carlisle, PA 17015 C�- C� NJ MDJS 315 Page 2 of 2 Printed: 05/06/2013 11:32:53AM T'1 � FAFILES\Clients\15349 Ditzler\15349.I.pra.attach.wage.wpd R` v (i Christopher E. Rice, Esquire 101 FEB 2 7 AM 11: 4 0 I.D. No. 90916 CUMBERLAND COUNTY Aaron S. Haynes, Esquire PENNSYLVANIA I.D.No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES PURSUANT TO PA.R.C.P. 3302. TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter against: Defendant Joann Wingate, 41 Country Club Road, Carlisle, PA 17013, and Defendant Michael Wingate, 41 Country Club Road, Carlisle, PA 17013 MARTSON LAW OFFICES By: (� S Christopher E. Rice, Esquire I.D.Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: all al7/114-1 Attorneys for Plaintiffs S This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. 20 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joann Wingate Michael Wingate 41 Country Club Road Carlisle, PA 17013 MARTSON LAW OFFICES By: A.)0, ( M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 02 027 �ILI This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. t'J PRO I-Hoi r0TA�i''y, Christopher E. Rice, Esquire ""F E627 I.D. No. 90916 �0: P� Aaron S. Haynes, Esquire "UMBERLHND COUNTY I.D. No. 307746 PENNSYLVANIA MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants CERTIFICATION OF JUDGMENT CREDITOR—LANDLORD I certify that: 1. The Plaintiff("Judgment-Creditor")is Sandra F.Ditzler,with an address of 15 Circle Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant ("Judgment-Debtor") Joann Wingate, has a last known address of 41 Country Club Road, Carlisle, Cumberland County, PA 17013 3. The employer/garnishee of the Defendant Joann Wingate is Yellow Breeches Education Center, 510 Park Drive, Boiling Springs, Cumberland County, PA 17007. 4. Defendant ("Judgment-Debtor") Michael Wingate, has a last known address of 41 Country Club Road, Carlisle, Cumberland County, PA 17013 5. The employer/garnishee of the Defendant Michael Wingate is Yellow Breeches Education Center, 510 Park Drive, Boiling Springs, Cumberland County, PA 17007. 6. The judgment arises out of a residential lease for the premises at 11 Circle Drive, Carlisle, Cumberland County, Pennsylvania 17015. 7. The amount of the judgment is$8,304.71 plus$188.63in costs,minus$3,500.00 for mitigation of damages by renting property in May and June, 2013 for a total amount of$4,993.34. 8. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. c 1 9. The judgment was entered in a civil action commenced in the Court of Common Pleas. I certify that the statements made in this Certification are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities. 4Sandritzler Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r~ --~- �: L�l'�rr��� 1011. "P7 PM 14` 13 pnMBFR|AN`COUNTY PENNSYLVANIA Sandra F Ditzler vs. Joann Wingate (et al.) Case Number 2013-4024 SHERIFF'S RETURN OF SERVICE 03/202014 Roriny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joann Wingate, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Intent to Attach Wages as "Not Found" at41 Country Club Road, Middlesex Township, Carlisle, PA 17013. Residence is vacant and to this date the Carlisle Postmaster has been unable to provide a forwarding address. 03/202014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael Wingate, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Intent to Attach Wages as "Not Found" at 41 Country Club Road, Middlesex Township, Carlisle, PA 17007. Residence is vacant and to this date the Carlisle Postmaster has been unable to provide a forwarding address. SHERIFF COST: $51.27 SO ANSWERS, March 20, 2014 RONNYR ANDERSON, SHERIFF FAFILES \Clients \ 15349 Ditzler\I 5349. I.reinstate pra.attach.wages.wpd Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff !LED-OFFICE OF THE PROTHONOTARY 2011i APR 30 PM 2: 59 CUMBERLAND COUNTY PENNSYLVANIA SANDRA F. DITZLER, Plaintiff v. JOANN WINGATE and MICHAEL WINGATE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2013-4024 CIVIL TERM PRAECIPE TO REINSTATE NOTICE OF INTENT TO ATTACH WAGES PURSUANT TO PA.R.C.P. 3302. TO THE PROTHONOTARY: Please reissue a Notice of Intent to Attach Wages in the above matter against: Defendant Joann Wingate and Defendant Michael Wingate, at their place of employment located at 510 Park Drive, Boiling Springs, PA 17007. Dated: MARTSON LAW OFFICES By: C Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs 1,17.cfel, C#2IJo ‘ goszte This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants : e—�`Ssvec+� NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by the Sheriff) TO: JOANN WINGATE: 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 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. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249 - 3166 Christopher E. Rice,Esquire I.D.No. 90916 Aaron S. Haynes,Esquire I.D.No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle,PA 17013 (717)243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. :No. 2013-1624 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants CERTIFICATION OF JUDGMENT CREDITOR—LANDLORD I certify that: 1. The Plaintiff("Judgment-Creditor")is Sandra F.Ditzler,with an address of 15 Circle Drive, Carlisle,Cumberland County, Pennsylvania 17013, 2. Defendant ("Judgment-Debtor") Joann Wingate, has a last known address of 41 Country Club Road,Carlisle,Cumberland County,PA 17013 3. The employer/garnishee of the Defendant Joann Wingate is Yellow Breeches Education Center, 510 Park Drive,Boiling Springs,Cumberland County,PA 17007. 4. Defendant("Judgment-Debtor") Michael Wingate, has a last known address of 41 Country Club Road,Carlisle, Cumberland County, PA 17013 5. The employer/garnishee of the Defendant Michael Wingate is Yellow Breeches Education Center, 510 Park Drive,Boiling Springs,Cumberland County,PA 17007. 6. The judgment arises out of a residential lease for the premises at 11 Circle Drive, Carlisle,Cumberland County,Pennsylvania 17015. 7. The amount of the judgment is$5,888.83 plus$188.63in costs for a total amount of $6,077.46. 8. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. Y 9. The judgment was entered in a civil action commenced in the Court of Common Pleas. I certify that the statements.made in this Certification are true and correct to the best of my knowledge,information and belief. 1 understand that false statements Herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities. 4�&-(4 E�-'-�w 9an . Ditzl Christopher E. Rice, Esquire I.D.No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE TO: JOANN WINGATE: 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 ofmy 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 incometaxes,(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 unsworn falsification to authorities. Date: Defendant This claim for exemption shall be delivered or mailed to: Office of the Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Sq. Suite 100 Carlisle,PA 17013 Phone: 717.240.6195 Fax: 717.240.6573 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named Plaintiff: Joann Wingate, 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 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 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants NOTICE OF INTENT TO ATTACH WAGES SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by the Sheriff) TO: MICHAEL WINGATE: 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 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. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249 - 3166 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE TO: MICHAEL WINGATE: 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.) 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 for exemption shall be delivered or mailed to: Office of the Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Phone: 717.240.6195 Fax: 717.240.6573 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named Plaintiff: Michael Wingate, 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 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 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joann Wingate Michael Wingate Yellow Breeches Education Center 510 Park Drive Boiling Springs, PA 17007 MARTSOIQ LAW OFFICE 1 l By: Ami J. Th Ten East nigh Street Carlisle, PA 17013 (717) 243-3341 Dated: This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. -11C .. F:\FILES\Clients\15349Di[z1erU 5349.1.pra.attach.wage.wpd ��° M=— i €' ��.�����• Christopher E. Rice, Esquire 1014 FEB 2 7 QM 11: 4 0 I.D. No. 90916 Cl1MBER�LANO COUNTY Aaron S. Haynes, Esquire PENNSYLVANIA I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants pe-Is�uC'c� PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES PURSUANT TO PA.R.C.P. 3302. TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter against: Defendant Joann Wingate, 41 Country Club Road, Carlisle, PA 17013, and Defendant Michael Wingate, 41 Country Club Road, Carlisle, PA 17013 MARTSON LAW OFFICES By: (-/�� S Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ij/,�i�/�� Attorneys for Plaintiffs S This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. N Q'2 OL � a �oas� 1\ f ` A CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joann Wingate Michael Wingate 41 Country Club Road Carlisle, PA 17013 MARTSON LAW OFFICES By: A0, M ry . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: oCi 027 �� This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. Lit Christopher E. Rice, Esquire r jA' I.D. No. 90916 2014 FEB 2 7 AH 0: Aaron S. Haynes, Esquire CVIBERLAND CoUp47- I.D. No. 307746 PENNSYLVANIA MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants CERTIFICATION OF JUDGMENT CREDITOR—LANDLORD I certify that: 1. The Plaintiff("Judgment-Creditor")is Sandra F.Ditzler,with an address of 15 Circle Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant ("Judgment-Debtor") Joann Wingate, has a last known address of 41 Country Club Road, Carlisle, Cumberland County, PA 17013 3. The employer/garnishee of the Defendant Joann Wingate is Yellow Breeches Education Center, 510 Park Drive, Boiling Springs, Cumberland County, PA 17007. 4. Defendant ("Judgment-Debtor") Michael Wingate, has a last known address of 41 Country Club Road, Carlisle, Cumberland County, PA 17013 5. The employer/garnishee of the Defendant Michael Wingate is Yellow Breeches Education Center, 510 Park Drive, Boiling Springs, Cumberland County, PA 17007. 6. The judgment arises out of a residential lease for the premises at 11 Circle Drive, Carlisle, Cumberland County, Pennsylvania 17015. 7. The amount of the judgment is$8,304.71 plus$188.63in costs,minus$3,500.00 for mitigation of damages by renting property in May and June, 2013 for a total amount of$4,993.34. 8. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 9. The judgment was entered in a civil action commenced in the Court of Common Pleas. I certify that the statements made in this Certification are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities. Sandr F. Ditzler Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,LED -OFF iNt PRO-MONOis Pi's Vi HAY 20 PM 3: a r,ce-TPr.SNWFiIFF CUMBERLAND COUNTY PENNSYLVANIA Sandra F Ditzler vs. Joann Wingate (et al.) Case Number 2013-4024 SHERIFF'S RETURN OF SERVICE 05/15/2014 02:14 PM - Deputy Dennis Fry, 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 Dave Bender, teacher, who accepted as "Adult Person in Charge" for Joann Wingate at 510 Park Drive, South Middleton, Boiling Springs, PA 17007. DENNIS FRY, UTY 05/15/2014 02:14 PM - Deputy Dennis Fry, 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 Dave Bender, teacher, who accepted as "Adult Person in Charge" for Michael Wingate at 510 Park Drive, South Middleton, Boiling Springs, PA 17007. DE IS FRY, DWUTY SHERIFF COST: $51.27 SO ANSWERS, May 16, 2014 RONNY R ANDERSON, SHERIFF {wl CountySuito Sheriff, Tcieosoft, Inc. Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire r I.D. No. 307746ur _ '. MARTSON LAW OFFICES '' t'14S YL IVA NIA Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants PRAECIPE TO ATTACH WAGES OF DEFENDANT MICHAEL WINGATE TO THE PROTHONOTARY: Issue a writ for the attachment of wages of Defendant Michael Wingate. �yyg3 3y. MARTSON LAW OFFICES s � 1 � 75 By; << �� Christopher E. Rice, Esquire S j I.D. Number 90916 Aaron S. Haynes, esquire s 6 '�� I.D. Number 307746 d �y y , D� Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: J�'n+-� Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. jack-e,-�,( -f,> j)g4 - a.,�J 4o cm&r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joann Wingate Michael Wingate Yellow Breeches Education Center 510 Park Drive Boiling Springs, PA 17007 MARTSON LAW OFFICES By: &W) MJy#. Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4/�/1141 This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants WRIT OF ATTACHMENT OF WAGES SALARY OR COMMISSIONS TO: Yellow Breeches Education Center, 510 Park Drive,Boiling Springs, Cumberland County, PA 17007, employer of the Defendant Michael Wingate. 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.LC.A.payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums. 3. The amount attached is$8,304.71,plus costs of$188.63,minus$3,500 for mitigation of damages by renting property in May and June 2013, for a total amount of $4,993.34, 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 Cumberland County Court of Common Pleas Wage Attachment Remittance 1 Courthouse Sq., Suite 100 Carlisle, PA 17013 Phone: 717.240.6195 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: I have received a Writ of Attachment in the following case: SANDRA F.DITZLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. CIVIL TERM JOANN WINGATE and MICHAEL WINGATE Defendants The following person, Michael Wingate,has never been U or is no longer an employee U Date: Employer Seal of Court Prothonotary By: Deputy Sandra F. Ditzler IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Michael Wingate No. 13-4024 Civil Term TO: Yellow Breeches Education Center,510 Park Drive,Boiling Springs,PA 17007 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$4,993.34 (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: Sandra F. Ditzler 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: 510 Park Drive, Boiling Springs, PA 17007. Any questions should be directed to the Plaintiff-Creditor: Martson Law Offices,Christopher E.Rice,Esq.,Ten East High Street,Carlisle,PA 17013 Date: 06/26/14 Ru-� David D. Buell, Prothonotary Costs: $ 174.04 pd atty By Deputy_._ �?�,�� L ���jl ,�L 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) Christopher E. Rice, Esquire `"`'' ' ` 2 ` I.D. No. 90916 C; ;i'•BERLAtl C,' L:ui CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joann Wingate Michael Wingate Yellow Breeches Education Center 510 Park Drive Boiling Springs, PA 17007 MARTSON LAW OFFICES By: Mdyffl. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: This is a debt collecting firm attempting to collect a debt for Plaintiff Sandra F. Ditzler. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA F. DITZLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2013-4024 CIVIL TERM JOANN WINGATE and MICHAEL WINGATE, Defendants WRIT OF ATTACHMENT OF WAGES, SALARY OR COMMISSIONS TO: Yellow Breeches Education Center, 510 Park Drive, Boiling Springs, Cumberland County, PA 17007, employer of the Defendant Joann Wingate. 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 amount attached is$8,304.71,plus costs of$188.63,minus$3,500 for mitigation of damages by renting property in May and June 2013, for a total amount of $4,993.34, and the withholding must continue until the amount of the attachment is satisfied; r 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 Cumberland County Court of Common Pleas Wage Attachment Remittance 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Phone: 717.240.6195 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: I have received a Writ of Attachment in the following case: SANDRA F. DITZLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. CIVIL TERM JOANN WINGATE and MICHAEL WINGATE Defendants The following person,Joann Wingate,has never been(__)or is no longer an employee Date: Employer Sea]of Court Prothonotary By: Deputy Sandra F.Ditzler IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Joann Wingate No. 13-4024 Civil Term TO: Yellow Breeches Education Center,510 Park Drive,Boiling Springs,PA 17007 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$4,993.34 (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: Sandra F. Ditzler 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: 510 Park Drive, Boiling Springs, PA 17007. Any questions should be directed to the Plaintiff-Creditor: Martson Law Offices,Christopher E.Rice,Esq.,Ten East High Street,Carlisle,PA 17013 Date: 06/26/14 � �� dL David D.Buell,Prothonotary Costs: $ 174.04 pd atty By DeputyL_ Q e��l,�.e- �^ 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 L_} Date: Signature of Employer Print name of Employer Address Address Telephone# xicxxdexieie�cxic�* FF9r�rx*�kk7ckYxYxxx�iric�;yrFxxcF�Y`cxicxk*4cxx3cicxFcxisir�cicx�:is*Y*x*'cic 9c For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court)