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HomeMy WebLinkAbout14-0359 lY a `COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -01 Victor K Taylor, Tammy Hamilton MDJ Name: Honorable H. Anthony Adams V. Address: 35 West Orange Street Jessie Dile, Tracy Sweat Shippensburg, PA 17257 Telephone: 717-532-7676 Victor K Taylor Docket No: MJ- 09301 -CV- 0000092 -2013 155 Beetem Hollow Road Case Filed: 7/16/2013 Newville, PA 17241 Disposition Summary (cc- Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09301 -CV- 0000092 -2013 Victor K Taylor Jessie Dile Default Judgment for Plaintiff 09/06/2013 MJ- 09301 -CV- 0000092 -2013 Victor K Taylor Tracy Sweat Default Judgment for Plaintiff 09/06/2013 MJ- 09301 -CV- 0000092 -2013 Tammy Hamilton Jessie Dile Default Judgment for Plaintiff 09/06/2013 MJ- 09301 -CV- 0000092 -2013 Tammy Hamilton Tracy Sweat Default Judgment for Plaintiff 09/06/2013 _.._T..._. _-_ _ — SLi ..- _.-_.. Judgment Summary Participant Joint/Several Liability Individual Liability Amount Jessie Dile $2,344.15 $0.00 $2,344.15 Tammy Hamilton $0.00 $0.00 $0.00 Tracy Sweat $2,344.15 $0.00 $2,344.15 Victor K Taylor $0.00 $0.00 $0.00 Judgment Finding ('Post Judgment) In the matter of Victor K Taylor; Tammy Hamilton vs. Jessie Dile; Tracy Sweat on MJ- 09301 -CV- 0000092 -2013, on 9/06/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $2,192.50 $0.00 $2,192.50 Costs $151.65 $0.00 $151.65 Grand Total: $2,344.15 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. Date Magisterial District Judge H. Anthony Adams MDJS 315 Page 1 of 3 Printed: 01/08/2014 1:41:13PM Victor K Taylor, Tammy Hamilton Docket No.: MJ-09301-CV-0000092-2013 V. Jessie Dile, Tracy Sweat I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge C - C) --i cOPr Of? -3 fidice-S MDJS 315 Page 2 of 3 Printed: 01/08/2014 1:41:13PM VICTOR K. TAYLOR & : IN THE COURT OF COMMON PLEAS OF TAMMY HAMILTON, : CUMBERLAND COUNTY, PENNSYLVANIA r Plaintiffs V. NO. �? — 63 1 CIVIL ACTION JESSIE DILE & TRACY SWEAT, Defendants : NOTICE OF FILING JUDGMENT ( X ) Notice is hereby given that a Judgment in the above - captioned matter has been entered against you in the amount of $ 2,344.15 on September 6, 2013. ( X ) A copy of all documents filed with the Prothonotary in support of the within Judgment are enclosed. onotary iv ivision By: If you have questions regarding this Notice, please contact the following: Robert A. Kulling, Esq. 50 East High Street Carlisle, PA 17013 (717) 386 -5639 (This Notice is given in accordance with Pa.R.C.P. 236.) Distribution Robert A. Kulling, Esq. 50 East High Street, Carlisle, PA 17013 Jessie Dile, 311 East Garfield Street, Shippensburg, PA 17257 Tracy Sweat, 311 East Garfield Street, Shippensburg, PA 17257 VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. JESSIE DILE & TRACY SWEAT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 - 359 : CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES.r‹-G =c) To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter against: 1. Jessie Dile and Tracy Sweat, Defendants 2. Comcast Communications, 339 Baltimore Road, Shippensburg, PA 17257, Employer of Defendant Date: 3- - Respectfully submitted, DEYO & KULLING Robert A, Kulling, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff 028 57, VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. JESSIE DILE & TRACY SWEAT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 - 359 Defendants : CIVIL ACTION CERTIFICATION BY JUDGMENT CREDITOR — LANDLORD I, Victor K. Taylor certify that; 1. The Plaintiff Judgment- Creditor is Victor K. Taylor, residing at 155 Beetem Hollow Road, Newville, PA 17241. 2. The Defendant Judgment - Debtors are Jessie Dile and Tracy Sweat residing at 311 East Garfield Street, Shippensburg, PA 17257. 3. The Employer garnishee is Comcast Communications 339 Baltimore Road, Shippensburg, PA 17257 4. The judgment arises out of a residential lease for the premises at 322 Walnut Dale Road, Shippensburg, PA 17257 5. The amount of the judgment is a. $2,344.15 b. A security deposit in the amount of $800.00 is being held by the judgment creditor - landlord. This security deposit has been applied to payment of rent due on the same premises for which judgment has been entered. c. The amount of $0.00 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. The Judgment was entered in an action brought before magisterial district judge. 8. A copy of the complaint filed with the magisterial district judge is attached to this Notice, showing the action arose from a residential lease. 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 unworn falsification to authorities. Date: Victor K. Taylor Judgement Creditor - Landlord COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ- 09 -3 -01 MDJ Name: Honorable H. Anthony Adams Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717 - 532 -7676 AMOUNT FILING COSTS $ POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ DATE PAID I (oI /3 / / PLAINTIFF: Yra)0,, DEFENDANT 1-76' 55: e 7Pty ey L Civil Complaint NAME and ADDRESS IS5 if 041-6- R31 VS. A' 6'a. 42- )c /f NAME and ADDRESS p j2- 3)/ CAs r &Bic FxT 5 w6A`1- SNipp6.(s6 v,"-- PA /7257 Docket No: Case Filed: q — l (p —t-5 Social Security Numbers and financial information (e.g. PINs) should not be listed. If the identity of an account number must be estIblished, list only the last four digits. 204 Pa.Code §§ 213.1 - 213.7. Pa.R.C.P_D.J. No. 206 sets forth those costs recoverable by the prevailing pary. To The Defendant . The above named plaintiff(s) asks judgment against you for!$ 3 j 6.0 , together with costs upon the following claim (Civil fines must include citation of thlstatute or ordinance violated): PE r.Ead, -N s 14/ER C- J, ; v.',,r G A 9- 3 2.2 1,-'142 p,4 2 C. R a 5Npor4st�4 t A 17z ? 17-"v R A6-.,» � .3.--A4 Pc &)A)6 R } I RAj!I� /31 Aa .AGES 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) related to unsworn falsification to authorities. V� (Signat ire of P ntiff or Authorized Agent) The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. 207.1 If you intend to enter a defense to this complaint, you should notify this office imnhediately at the above telephone number. You must appear at the hearing and present your defense. Unless you do, judgment may be entered against you by default. If you have a claim against the plaintiff which is within the magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint for at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. MDJS 308A 1 Printed: 10/03/2012 1:36 :13PM VICTOR K. TAYLOR & : IN THE COURT OF COMMON PLEAS TAMMY HAMILTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 14 - 359 JESSIE DILE & TRACY SWEAT, Defendants : CIVIL ACTION NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above named Plaintiff: The Defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth the 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE / p�O-�N-- . U..O/^FY 20 MAR 19 PM 4: 05 CUMBERLAND COUNTY PENNSYLVANIA SHERIFF'S w��awpn�w�n� . � .`,.LVAN/A Victor K Taylor vs. Jesse Dile (et al.) Case Number 2014-359 SHERIFF'S RETKKRN OF SERVICE 03/18/2814 03:04 PM - Deputy Dawn Kell, 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 John Lyman, Manager, who accepted as "Adult Person in Charge" for Comcast Communications at 339 Baltimore Road, Shippensburg Township, Shippensburg, PA 17257. DAWN KELL, DEPUTY 03/13/2014 03:51 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Intent to Attach Wages by 'personaily' handing a true copy to a person representing themselves to be the Defendant, to wit: Tracy Sweat at 311 East Garfield Street, Shippensburg Borough, Shippensburg, PA 17257, Vdt, DAWN KELL, DEPUTY 03/13/2014 03:51 PM - Deputy Dawn Kell, 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 Tracy Sweat, Girlfriend, who accepted as "Adult Person in Charge" for Jesse Dile at 311 East Garfield Street, Shippensburg Borough, Shippensburg, PA 17257. cu,,„ Kat DAWN KELL, DEPUTY SHERIFF COST: $83.09 SO ANSWERS, w"' ` March 14, 2014 RON'R-R ANDERSON, SHERIFF (c) CcuntyStlitin Sheriff, Teicosoft, inc. VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. JESSIE DILE & TRACY SWEAT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 - 359 Defendants : CIVIL ACTION PRAECIPE TO ISSUE WRIT OF ATTACHMENT OF WAGES, SALARY OR COMMISSIONS To the Prothonotary: Issue a Writ to Attach Wages, Salary or Commissions in the above matter, 1. Against Defendant: Jessie Dile 311 East Garfield Street Shippensburg, PA 17257 2. Against Garnishee/Employer of the Defendant: Comcast Communications 339 Baltimore Road Shippensburg, PA 17257 3. The total amount of the Judgment against both Defendants is $2,344.15 4. A security deposit in the amount of $800.00 is being held by the judgment creditor - landlord. 5. This security deposit has been applied to payment of rent due on the same premises for which judgment has been entered. 6. The amount of $0.00 has been paid toward satisfaction of the judgment. 7. Judgement -Creditor Landlord's name and address is: Victor K. Taylor 155 Beetem Hollow Road Newville, PA 17241 3f• �— Ila t.( pd. °'S Date: 5-1-/g Respectfully submitted, DEYO & KULLING Robert",' ull ns, uire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, Esquire, , do hereby certify that I this day served a copy of the Praecipe to Issue Writ of Attachment upon the following by depositing same in the United States Mail, first class postage prepaid certified, at Carlisle, Pennsylvania, addressed as follows: Date: May 7, 2014 Jessie Dile 311 East Garfield Street Shippensburg, PA 17257 Comcast Communications 339 Baltimore Road Shippensburg, PA 17257 Respectfully submitted, DEYO & KULLING Robert A. ulling, quire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff Victor K. Taylor & Tammy Hamilton VS Jessie Dile IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 14-359 Civil Term TO: Comcast Communications 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 $2,344.15 (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: Victor K. Taylor & Tammy Hamilton 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: 311 East Garfield St. Shippensburg, PA 17257. Any questions should be directed to the Plaintiff -Creditor: Deyo & Kulling Robert A. Kulling, Esq. 401 E. Louther Street, Suite 209 Carlisle, PA 17013 717-386-5639 Date: Costs: $ 142.84 pd atty By De David D. Buell, Prothonotary You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: Date: I have received a Writ of Attachment in the following case: Plaintiff No of Year v. Defendant The following person, has never been ( ) Or is no longer and employee ( ) For Prothonotary use only Date: (Seal of the Court) Signature of Employer Print name of Employer Address Address Telephone # David D. Buell, Prothonotary Deputy CUMBERLAND COUNTY OF PENNSYLVANIA COMMON PLEAS COURT CIVIL DIVISION Case No: 14359 Plaintiff: VICTOR K TAYLOR AND TAMMY HAMILTON Defendant: JESSIE DILE 311 E GARFEILD ST SHIPPENSBURG, PA 17257 Ars -e r '' • — Interrogatories to Garnishee To Garnishee. COMCAST CABLE COMMUNICATIONS You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so will result in judgment against you. (See attached Notice for further information). 1. At the time you were served or at any subsequent time did you employ defendant and/or were you obligated to pay any wages, earnings, or commissions to or on account of defendant? X Yes No 2. If so, state how much is due and owing to defendant or, if defendant is an employee, the gross amount of defendant's salary or usual periodic wages; how often defendant is paid (e.g. weekly, biweekly, monthly, co etc.); the amount of Defendant's gross pay; and, the amount of defendant's net pay (after deduction of federal, state and local income taxes; F.I.C.A. payments and non -voluntary retirement payments; union cn r" dues; health insurance premiums)? G .• '..< C3 Y C) Defendant's pay. frequency: Biweekly 2 Gross Pay $ 1,695.24 _�-. Total Taxes $ 251.32 --i Disposable Pay $ 1,443.92 '{ 3. Are you presently obligated to make deductions from defendant's earnings for any other judgment, e.g., support and education loans? Defendant ( ) is (X ) is not subject to other liens. See attached if applicable. 4. If defendant has become separated from your employment, state the date upon which such severance occurred. ( ) If checked, defendant is not employed. Defendant's Status: ACTIVE Status Date• co •- co. 5. If defendant has become separated his/her/their paycheck by direct deposit, provide name of financial institution(s) and account number(s) into which the funds are deposited for each defendant 6. State the defendant(s) current address if known. 311 E GARFEILD ST SHIPPENSBURG, PA 17257 7. ( ) If checked, defendant filed a petition in bankruptcy court. Date: 06/16/2014 COM1 Signature of Garnishee Stephanie Jones Printed Name Garnishment Supervisor Title (866) 324-5191 Telephone Number Page 1 of 1 VICTOR K. TAYLOR & : IN THE COURT OF COMMON PLEAS TAMMY HAMILTON, : CUMBERLAND COUNTY, PENNSYLVA�NIA1 Plaintiffs ..0 a j- V. m O r, 7, NO. 14 - 359 ci, r 7f 1 JESSIE DILE & -<1' -- TRACY SWEAT, : y<, o ,CD 1 Defendants : CIVIL ACTION v cp to MOTION TO COMPEL WAGE ATTACHMENT ca' AND NOW, comes Victor K. Taylor, Plaintiff in the above captioned matter, and in his Motion to Compel Wage Attachment, respectfully avers as follows: 1. On September 6, 2013, Plaintiffs in the above captioned matter were awarded $2,344.15 by the Honorable H. Anthony Adams for back rent and costs on a residential lease. 2. A Notice of Filing Judgment was filed with the Prothonotary for the same amount on January 17, 2014. 3. On March 7, 2014, Plaintiff filed a Praecipe for Notice of Intent to Attach Wages to Defendants, along with the applicable guidelines and opportunity for Defendants to file exemptions. That Notice was served on Defendants on March 13, 2014. 4. To date, Defendants have not filed any timely notice of exemptions for the wage attachment. 5. On May 7, 2014, Plaintiff filed a Praecipe to Issue Writ of Attachment, Salary or Commissions which was served on Defendant Jessie Dile, and his Employer, Comcast Communications, Inc. 6. The Prothonotary issued a wage attachment to Defendant's employer, to which an answer to interrogatories was filed on July 8, 2014. In that Answer, Comcast acknowledges that Defendant Jessie Dile, is actively employed, earns above the poverty guidelines, there are no other liens and Defendant has not filed a petition in bankruptcy court. 7. Despite numerous attempts by undersigned to contact Defendant's employer and the Garnishment Department, Comcast Communications, Inc. refuses to garnish Defendant's wages or contact undersigned as to why the garnishment is being refused. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel employer, Comcast Communications, Inc. to garnish Defendant, Jessie Dile's Wages to satisfy the above mentioned Judgment. Date: Respectfully submitted, DEYO & KULLING Robert A. i ling, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Motion 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: v T Victor Taylor, aintiff VICTOR K. TAYLOR & : IN THE COURT OF COMMON PLEAS TAMMY HAMILTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JESSIE DILE & TRACY SWEAT, : NO. 14 - 359 Defendants : CIVIL ACTION CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, Esquire, do hereby certify that I this day served a copy of the Motion to Compel Wage Attachment upon the following by depositing same in the United States Mail, first class postage prepaid certified, at Carlisle, Pennsylvania, addressed as follows: Date: -30 -1 Jessie Dile 311 East Garfield Street Shippensburg, PA 17257 Comcast Communications 339 Baltimore Road Shippensburg, PA 17257 Respectfully submitted, DEYO & KULLING Robert A. Kulling, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VICTOR K. TAYLOR & TAMMY HAMILTON, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JESSIE DILE & TRACY SWEAT, DEFENDANTS : NO. 14-359 CIVIL ORDER OF COURT AND NOW, this 6th day of October, 2014, upon consideration of Plaintiff's Motion to Compel Wage Attachment; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon Comcast Communications, Inc., to show cause why the relief requested by the Plaintiff should not be granted. 2. The Defendants and/or Comcast Communications, Inc. shall file an Answer to the Motion to Compel Wage Attachment on or before October 27, 2014. 3. A hearing/argument on the Motion shall be held on Monday, November 24, 2014, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Xobert A. Kulling, Esquire Counsel for Plaintiff YJessie Dile, Defendant ./lomcast Communications, Inc. Employer 1.CS bas C) rrl VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.14-359 JESSIE DILE &C' TRACY SWEAT, : JUDGE: M.L. Ebert, Jr. m FF7-, Defendants : CIVIL ACTION x © -or_ �> w cDr PRAECIPE TO MAKE RULE ABSOLUTE <a -z, - -r > CD -,. PO AND NOW, comes Victor K. Taylor, by and through his counsel, Robert A.rtin 1 a-, Esquire, and in support of this Praecipe to Make Rule Absolute, avers as follows: 1. Petitioner filed a Motion to Compel Wage Attachment on October 1, 2014. 2. On October 6, 2014, the Honorable Judge M.L. Ebert, Jr. entered an Order issuing a rule upon Comcast Communications, Inc. to show cause why the relief requested should not be granted. A copy of said Order is attached as Exhibit "A." 3. The above mentioned Order directed Comcast Communications, Inc. to file an Answer on or before October 27, 2014 and also scheduled a hearing on the matter on November 24, 2014. 4. To date, undersigned has not received any Answer from Defendant or Comcast Communications, nor has any Answer been filed with the Prothonotary's Office. 5. Petitioner avers that the time for an Answer has passed and requests this Court to grant his relief. WHEREFORE, Petitioner respectfully requests this Honorable Court make the rule absolute, immediately compel Comcast Communications, Inc. to garnish Defendant, Jessie Dile's wages and cancel the hearing on November 24, 2014. C.; Date: 11 Respectfully submitted, DEYO & KULLING Robert A. K ing, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VICTOR K. TAYLOR & TAMMY HAMILTON, PLAINTIFF E?ch,64- "A" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JESSIE DILE & TRACY SWEAT, DEFENDANTS : NO. 14-359 CIVIL ORDER OF COURT AND NOW, this 6th day of October, 2014, upon consideration of Plaintiffs Motion to Compel Wage Attachment; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon Comcast Communications, Inc., to show cause why the relief requested by the Plaintiff should not be granted. 2. The Defendants and/or Comcast. Communications, Inc. shall file an Answer to the Motion to Compel Wage Attachment on or before October 27, 2014. 3. A hearing/argument on the Motion shall be held on Monday, November 24, 2014, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Robert A. Kulling, Esquire Counsel for Plaintiff Jessie Dile, Defendant Comcast Communications, Inc. Employer bas VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 - 359 JESSIE DILE & TRACY SWEAT, : JUDGE: M.L. Ebert, Jr. Defendants : CIVIL ACTION CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, Esquire, do hereby certify that I this day served a copy of the Praecipe to Make Rule Absolute upon the following by depositing same in the United States Mail, first class postage prepaid certified, at Carlisle, Pennsylvania, addressed as follows: Date: I) /3 11 Jessie Dile 311 East Garfield Street Shippensburg, PA 17257 Comcast Communications 339 Baltimore Road Shippensburg, PA 17257 Respectfully submitted, DEYO & KULLING Robert A. Kulling, Esquire 401 E. Louther Street, Suite 209 Carlisle, 'PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VICTOR K. TAYLOR & : IN THE COURT OF COMMON PLEAS TAMMY HAMILTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs C-' • r V. -� 3 ..c- --I : NO.14-359 Zr1 o r -' JESSIE DILE & c./)rv r, TRACY SWEAT, : JUDGE: M.L. Ebert, Jr. rte-- CA' c Defendants : CIVIL ACTION > a C.)`;' C r j CD c TO THE PROTHONOTARY: - - c' .< ' Please make note in your records that the Plaintiff, Victor K. Taylor has changed his address: Date: ii f ,r NEW ADDRESS Victor K. Taylor 322 Walnutdale Road Shippensburg, PA 17257 OLD ADDRESS Victor K. Taylor 155 Beetem Hollow Road Newville, PA 17241 Respectfully submitted, DEYO & KULLING Robert A. Ku g, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 - 359 JESSIE DILE & TRACY SWEAT, : JUDGE: M.L. Ebert, Jr. Defendants : CIVIL ACTION ORDER OF COURT AND NOW, this Gth day of 1 OV 90 Wd 9- A0N h101 , 2014, upon consideration of the within Praecipe to Make Rule Absolute; IT IS HEREBY ORDERED AND DIRECTED that: 1. The rule is made absolute. 2. Employer for Defendant Jessie Dile, Comcast Communications, Inc., shall immediately attach Defendant's wages to satisfy the $2,344.15 entered for Plaintiff. 3. The hearing scheduled for November 24, 2014 is cancelled. By the Court, om�' tribution: ✓Ij,eb rt A. Kulling, Esq. 401 E. Louther St, Suite 209, Carlisle, PA 17013 e Dile, Defendant, 311 East Garfield Street, Shippensburg, PA 17257 amcast Communucations Inc., Employer, 339 Baltimore Road, Shippensburg, PA 17257 u"\\\\; / 1 14 y VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. JESSIE DILE & TRACY SWEAT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 - 359 : JUDGE: M.L. Ebert, Jr. : CIVIL ACTION PETITION FOR CONTEMPT c.f) AND NOW, comes Victor K. Taylor, Plaintiff in the above captioned matter, and in hi Petition for Contempt, respectfully avers as follows: 1. On September 6, 2013, Plaintiffs in the above captioned matter were awarded $2,344.15 by the Honorable H. Anthony Adams for back rent and costs on a residential lease. 2. A Notice of Filing Judgment was filed with the Prothonotary for the same amount on January 17, 2014. 3. On March 7, 2014, Plaintiff filed a Praecipe for Notice of Intent to Attach Wages to Defendants, along with the applicable guidelines and opportunity for Defendants to file exemptions. That Notice was served on Defendants on March 13, 2014. 4. To date, Defendants have not filed any timely notice of exemptions for the wage attachment. 5. On May 7, 2014, Plaintiff filed a Praecipe to Issue Writ of Attachment, Salary or Commissions which was served on Defendant Jessie Dile, and his Employer, Comcast Communications, Inc. 6. The Prothonotary issued a wage attachment to Defendant's employer, to which an answer to interrogatories was filed on July 8, 2014. In that Answer, Comcast acknowledges that Defendant Jessie Dile, is actively employed, earns above the poverty guidelines, there are no other liens and Defendant has not filed a petition in bankruptcy court. 7. A Motion to Compel was filed by Plaintiff on October 1, 2014. 8. On October 6, 2014, the Honorable Judge Ebert, issued a rule upon Comcast Communications, Inc, to show cause why Plaintiff's relief should not be granted. An answer was required by Comcast Communications, Inc. by October 27, 2014. 9. Having received no Answer, Plaintiff filed a Praecipe to Make Rule Absolute on November 3, 2014. 10. On November 6, 2014, The Honorable Judge Ebert, Ordered the rule absolute, and required Comcast Communications, Inc. to immediately garnish Defendant's wages in favor of the Plaintiff. 11. Undersigned forwarded the November 6, 2014 to Comcast Communications, Inc. with instructions to forward the Order to their garnishment department. 12. Undersigned contacted the garnishment department; however they did not receive the Order. Undersigned promptly faxed said Order on December 29, 2014. 13. The garnishment department received said Order and stated they would promptly inform Undersigned any action they would be taken. However, to date, no contact has been made and Plaintiff is not aware of any garnishment that has taken place. 14. The lack of action taken by Comcast Communications, Inc. is in direct violation of the Order of November 6, 2014. Plaintiff avers that this lack of action is willful and done in bad faith. 15. Plaintiff has expended substantial time and money to resolve this matter, and asks this Honorable court to award Plaintiff attorney's fees. WHEREFORE, Plaintiff respectfully requests this Honorable Court Order the following: 1. Hold Comcast Communications, Inc. in contempt of the November 6, 2014 Order. 2. Order Comcast Communications, Inc. to immediately garnish Defendant, Jessie Dile's wages in favor of the Plaintiff. 3. Award Plaintiff counsel fees in the amount of $1,000.00. 4. Schedule a hearing on this matter, so that the Court may resolve this issue. 5. Any other remedies the Court deems appropriate. Date: //fr//.. Respectfully submitted, DEYO & KULLING Robert A. Kii ling, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Praecipe 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: /%! /2,9 V..;,<, /: Victor Taylor, Plaintiff VICTOR K. TAYLOR & TAMMY HAMILTON, Plaintiffs v. JESSIE DILE & TRACY SWEAT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.14-359 : JUDGE: M.L. Ebert, Jr. : CIVIL ACTION CERTIFICATE OF SERVICE I, Robert A. Kulling, Esquire, Esquire, , do hereby certify that I this day served a copy of the Petition for Contempt upon the following by depositing same in the United States Mail, first class postage prepaid certified, at Carlisle, Pennsylvania, addressed as follows: Date: /(/ r/fc Jessie Dile 311 East Garfield Street Shippensburg, PA 17257 Comcast Communications 339 Baltimore Road Shippensburg, PA 17257 Respectfully submitted, DEYO & LING / / Robert A. Kulling, Esquire 401 E. Louther Street, Suite 209 Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308874 Attorney for Plaintiff VICTOR TAYLOR & TAMMY HAMILTON, PLAINTIFF V. JESSIE DILE & TRACY SWEAT, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-359 CIVIL IN RE: PETITION FOR CONTEMPT ORDER OF COURT ry AND NOW, this 16th day of January, 2015, upon consideration of Plaintiff's Petition for Contempt and after review of this Court's Order dated November 6, 2014; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Comcast Communications, Inc. to show cause why the requested relief should not be granted. 2. Comcast Communications, Inc. is directed to file an Answer to the Petition for Contempt on or before February 6, 2015. 3. A hearing on the matter will be held on Friday, March 13, 2015, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Robert A. Kulling, Esquire Attorney for Plaintiff Jessie Dile 311 East Garfield Street, Shippensburg, PA 17241 mcast Communications, Inc. 339 Baltimore Road, Shippensburg, PA 17241 bas Capt_Sifu