HomeMy WebLinkAbout06-3119
OFFICE OF THE PROTHONOTARY
Of York County
Pamela S. Lee
Prothonotary
Billie Jo Bones
Deputy Prothonotary
Gregory E. Gettle
Solicitor
MARTIN WALSH
Plaintiff
Vs.
WILLIE WILLIAMS
Defendant
To Whom It May Concern:
art,-',l
York County Judicial Center
45 North George Street
York, Pennsylvania 17401
Telephone (717) 771-9611
Case No. 2005-NO-3 V07-Y31
I certify that judgment was entered in favor of
WILLIAMS on the 15TH day of NOVEMI3ER,2005 in said case
IN TESTIMONY WHEREOF, I have hereunto set my hand and affi
the 24TH day of MAY, 2006.
I
CERTIFIED from the records of the Court of
Common f,Pleas of York County, Pennsylvania
this. day of D.20C?p
?F Q VVLQ ? A .( -
Pamela S. Lee, Prothonotary
and against WILLIE
the amount of 2075.29.
the seal of the Court, on
05/24/06
WALSH, MARTIN
VS.
YORK COUNTY COURTHOUSE
CIVIL ACTION DOCKET
CASE NO: 2005-NO-OQ
FILING DATE:
JUDGE:
WILLIAMS, WILLIE
3707-Y02 YK
11/15/05
1
PAGE
Y31
PARTY
-
-
- TYPE
-
-
- LITIGANT PARTY NAME
---
-
--
PLAINTIFF -
--
--
---
FOR CIVI --------
P00l ------------------
WALSH, MARTIN --------------------
DEFENDANT FOR CIVI D001 WILLIAMS, WILLIE
DATE
-------- --------------------------------------------
11/15/05 00159 00055
*NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILE
11/15/05 00159 00055
*FILING FEE
11/15/05 00159 00055
*DISTRICT JUSTICE COSTS ON TRANSCRIPT
11/15/05 00159 00055 AS TO WALSH, MARTIN
*JUDGMENT ENTERED ON TRANSCRIPT FROM D J= SCC
10-13-05 19-3-09
JUDGMENT AMT: $1,980.00
DEBTOR(S):
<DOOIDEFT >WILLIAMS, WILLIE
TOTAL NUMBER OF ENTRIES: 4
REQUESTED BY: HMK
******* END OF REPORT *******
CERTIFIED from the records
Common Pleas of York Cour
this '_WA day of Qlh?
FEE/AMOUNT
--------- ---------------
TO DEFT 11-15-05
J GROSS DATED
if the Court of
Pennsylvania
I A. D.20L-jp
30.75
95.29
1,980.00
Pamela S. Lee,
COMMONWEALTH OF PENNSYLVANIA NOTICE F JUDGMENT/TRANSCRIPT
OIJNTY OF: YORK R SIDENTIAL LEASE
Mag. Dist. No.
0 PLAINTIFF:
rVALSH NAME and ADDRESS
TIN
19-3-
9 ,
MDJ Name: Hon. 35 VI COURT
SCOTT J. GROSS iPELLSVIL PA 17365 r
Amass 686 YORSTONNE ROAD L J
OFF OF EZIT 35, I-83 VS.,
LEWISSERRY, PA DEFENDANT: NAME 8rd ADO9ESS
Telephone: (717) 938-2523 17339 II111ILLIAMS, IIILLIB _.:.. ?.i
216 PROS CT ST.
JOHNSTOWN PA 15901:
L J
MARTIN WALSH r
35 HT VIER COURT Docket No.: L -0000544-05
WELLSVILLE, PA 17365 Date Filed: 9/08/05
THIS IS TO NOTIFY YOU THAT: ?LC<3 - 1?Q• ??? .y31
Judgment: IFF
® Judgment was entered for: (Name) NALSH MARTIN
Judgment was entered against WILLIAMS WILLIE in a
® Landlordrfenant action in the amount of $ 2,075.29 on 10/3.3/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judg , is $ 495 , 00.
Tt t !#l ount of the Security Deposit is $ 495.00
3 Total Amount Established b MDJ Less- Security D
1 Z posit Appplied = Adjudicated Amount
980
00
1
ears $ 1, 80.00 - $ .
. .0 = $
1
°/ s 1 iSiamages Leasehold Propert y .00 = $ .00
m D6am e?Unjust Detention $ -00
N o Less Amt Due Defendant from Cros Complaint - $ -00
P' ° o
9 Interest (if provid d by lease) $ -00
< T LIT Judgment A ount $ I S110-00
AxacgmentProhibited/ Judgment Costs $ 95 29
D
0 40PCC.S. § 8127 Attorney Fees $ e0
o s aRse dismissed without prejudice. Total Judgment
29
$ 2,075.
El Pf s4sion granted.
o n
O ;
ss%slon granted if money judgment is
Possession not granted.
Post Judgment C?redits $
Post Judgment C sts $
Certified Judgm nt Total $
Defendants
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL F
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH 7
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL I
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOT
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS Flt
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL 1
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. • 0, '.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTI E OF JUDG RA
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDUREOR MAGIS%VL DI
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHEI
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTF
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERE'.
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUD/JQCE IF THE JI
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /S! / 5S
/O- /3-0SDate
jointly and severally liable.
IM A JUDGMENT FOR POSSESSION WITHIN
PROTHONOTARY/CLERK OF COURTS
THE MONEY JUDGMENT, IF ANY. IN
Y/CLERK OF COURTS THE LESSER OF
IDENTIAL LEASE, THE PARTY HAS
THE PROTHONOTARY/CLERK OF
ISCRIPT FORM WITH THE NOTICE OF APPEAL.
TRICT JUDGES, IF THE JUDGMENT
PROCESS MUST COME FROM THE COURT
CTJUDGE.
'ED IN THE JUDGMENT MAY FILE
DGMENT DEBTOR PAYS IN FULL,
District J
District
` e?MMONWEALTH OF PENNSYLVANIA
C NTX OF: TORE
nniu. Dist. No.:
09
19
3 PLAINTIFF:
rWALSN
IN
-
- ,
MDJ Name: Hon. 35 NT VI COURT
SCOTT J. GROSS WELLSVIL 8, PA 17365
Address 686 YORSTOWNE ROAD L
OFF OF EXIT 35, I-83 vs.
LEWISBERRY, PA DEFENDANT: NAME anatUXISK&SADDRE
T,4ohone{?M)' 938-2523' -; ! "17339 FNILLIAMS,, WILLIS
2500 LIS URN RD
STATE CO' CTION INST
LCANP NIL , PA 17001-8837
SCOTT J. GROSS
686 YORXTOWNE ROAD Docket No.: -0000544-05
OFF OF EXIT 35, I-83 Date Filed: 9/08/05
LEWISBERRY, PA 17339
>s
Served uponWILLIAMS, WILLIE
Describe Document(s): (Person to be served)
LANDLORD TENANT COMPLAINT
RCVY REAL PRPTY NRG NOTIC
to
(Person ? Actually Served) (Relati
on at _? ' - 0
(Date) (Time)
(Location)
For Landlord/Tenant complaints:
Since none of the above found, served by posting a copy of the complaint
premises on , at
(Date)
M.,
1
J
1
J
at •w. ,.?.w?
„ :- (Location).,.
Miles Traveled:
` (g (Sig atur)
AOPC 624-04 (Print Name and Title)
by handing a copy of
.M., at
on the
SE VICE OF PROCESS
NAME and ADDHESs
J
i
CIVIL DIVISION
rn??T/n/ 1n/ LS?f-l
Plaintiff
vs.
W4 _L/, WE 1, 1- 1,4m S
Defendant
Notice is hereby given that a
File No,
NOTICE OF FILIN JUDGMENT
in the above-captioned matter has been entered against you iLthewithin $ a i U 7 C on 20
( A copy of all documents filed with the Prothonotary in supporudgment
isiare
enclosed.
Division
By:
If you have any questions regarding this Notice, please contact the
Name: MRA?TIW I I/
Address: -71
Telephone Number:
(This Notice is given in accordance with PA R.C.P. 236)
Notice sent to:
Name: n
Address: (Z
1 S 9?/
l '0055
party:
S
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.tyi-i ?n11
i ?•_y C_J
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IN THE COURT OF CCMMOI`f PLEAS
CUMBERLAND COUI\TY, PENNSYLVANIA
MARTIN WALSH
V. : NO. 06-3119
WILLIE WILLIAMS
Praecine for Notice of Intent to Attach Wages
To the Prothonotary:
Issue a Notice of Intent to Attach Wages in the above matter
(1) against Willie Williams, Defendant
(2) against PA Department of Corrections, Employer of the
Defendant.
n
Date
David J. Lanza
Attorney I.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 7-10-3775
Attorney for Judgment
Creditor-Landlord
w
" Certification by Judgment Creditor - Landlord
I certify that
1. The Plaintiff judgment-creditor is Martin Walsh
35 Mountain View Court,
Wellsville, Pa 17365
2. The Defendant judgment-debtor is Willie Williams
c/o PA Department of Corrections
SCI - Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
Address
3. The Employer Garnishee is c/o PA Department of Corrections
SCI - Camp Hill
P.O. Box 8837
Camp Hill, PA 17001-8837
Address
4. The judgment arises out of a residential lease for the premises at 115 MUM(
Road, Apartment A, Etters, PA 17319
5. (a) The amount of the judgment is $ 2,075.29
(b) A security deposit in the amount of $ 495.00 is being held by
the judgment creditor-landlord. This security deposit
xxxxx has been applied has not been applied
to payment of rent due on the same premises for which the judgmem
has been entered.
(Any security deposit that has not already been applied to r.-nt will be
deducted by the Prothonotary from the amount of the judarient in
determining the amount to be attached.)
(c) The amount of $ 0.00 has been paid toward satisfaction of
the judgment. (Do not include the security deposit.)
.O
6. This Praecipe is filed within five years of the date of the original judgment upon
which execution is sought.
The judgment was entered (check one) :
in a civil action commenced in the Court of Common Pleas
xxxx_ 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 (Pa.R.C.P.M.D.J.
301 et seq.) before a Magisterial District Judge, a copy of the
Complaint filed with the Magisterial District Judge is attached
to this Notice, showing that the action arose from a residential
lease.
XXX (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 -t seq.) bulbre 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 that action or that the Complaint was served by herding a
copy to the Defendant.
(c) If the judgment was entered in an action in the Phi ladelphia
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 serv,.d
pursuant to Phila.M.C.R.Civ.P. No. I I I(B), copiei of the
appropriate Philadelphia Municipal Court records are
attached showing 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 : 1 l'l v? 0 6 n I -?IAL?14i
il"L'7 qUz'M.'1
Jud ent Creditor-Landlord
66MMONWEALTH OF PENNSYLVANIA
t. .T
Nrl Y. UT-: ;.vnsa
Dist. No.:
19-3-09
MDJ Name: Hon
SCOTT J. GROSS
Address 6 8 6 YOR.XTOWNE ROAD
OFF-OF EXIT 35, I-83'
LBWISBERRY, PA
''TelePhoni3i'(717') 938-2523"17339
SCOTT J. GROSS
686 YORATOWNE ROAD
OFF OF EXIT 35, I-83
LEWISBERRY, PA 17339
Served uponWILLIAMS, WILLIE
Describe Document(s): (Person to be Served)
LANDLORD TENANT COMPLAINT
, by handing a copy of
RCVY REAL PRPTY HRG NOTIC
(Person Actually Served) (Relationship/Title)
-T' Aw at
y (Date) (Time)
(Location)
For Landlord/Tenant complaints:
Since none of the above found, served by posting a copy of the complaint conspicuously on the
premises on at . M.,
(Date) (Time)
s
at ..,
(Location) i I
Miles Traveled: ??
I8 1/ ?GcfS?1Pa? ?e
AOPC 624-04 (Print Name and Title)
SERVICE OF PROCESS
PLAINTIFF' NAME and ADDRESS
FWALSH, MARTIN
35 MT VIEW COURT
WELLSVILLE, PA 17365
L. J
vs.
DEFENDANT: NAME andtihGME"ADDRESS
FWILLIAMS,. WILLIE
2500 LISBIIRN RD
STATE CORRECTION INST
LCAMP HILL, PA 17001-8837 J
Docket No.: LT-0000544-05
Date Filed: 9/08/05
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
MARTIN WALSH
V. NO. 06-3119
WILLIE WILLIAMS
NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS
)ate of service of this Notice:
(Date to be inserted by the Sheriff)
A judgment has been entered against you in the court for nonpayment of rent for, or damage to,
esidential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of
,our net wages, salary or commissions for each pay period until the judgment is satisfied.
The lollowing exception will prevent your wages from being attached:
Poverty Guidelines -- Your wages may not be attached if your net income is below the poverty
ncome guidelines as provided annually by the Federal Department of Health and Human Services or if the
mount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of
he guidelines is attached to this notice.
If this exemption is applicable to you, you must return the claim for exemption of wages which is
.ttached to t he 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
tot 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
iling a motion with the court. For example, your wages may not be attached if you are an abused person or
ictim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for
?hysical damages to the leased premises.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
-1AVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
,AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
'ROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
iERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
TELEPHONE NO.
0 w,.
Supreme Court of Pennsylvania
Civil Procedural Rules Committee
Poverty Income Guidelines for 2006
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
2006 are set forth in the following chart:
2006 HHS Poverty Income Guidelines
Expressed in (Monthly Amounts
Size of
Family Unit Poverty Guideline
Monthly Amount
1 $ 817
2 1,100
3 1,383
4 1,667
5 1,950
6 2,233
7 2,517
8 2,800
For each additional
person, add 283
-1-
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03119 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALSH MARTIN
VS
WILLIAMS WILLIE
GERALD N WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTC INT ATTACH WAGES
WILLIAMS WILLIE
the
DEFENDANT , at 1618:00 HOURS, on the 5th day of December-, 2006
at SCI CAMP HILL 2500 LISBURN ROAD
CAMP HILL, PA 17011
WILLIE WILLIAMS
a true and attested copy of NOTC INT ATTACH WAGES
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00 '?
Service 13.20
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
41.59 ?00/00/0000
L /ot?/ Q/O L
Sworn and Subscibed to By:
before me this day Deputy She f
was served upon
of A. D.
Martin Walsh IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL DIVISION
Willia Williams, No. 06-3119 -Civil Term
Employee
TO: PA Department of Corrections
SCI-Camp Hill
2500 Lisburn Road
Camp Hill, Pa. 17001-8837
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 $2,075.29 (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: Martin
Walsh 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:
PA Department of Corrections
SCI-Camp Hill
2500 Lisburn Road
Camp Hill, Pa. 17001-8837
Any questions should be directed to the Plaintiff-Creditor:
David J. Lanza, Esq 2157 Market Street, Camp Hill, Pa. 17011
Date: r.•,?s', p l
Costs: $76.59 pd Atty
2.00 due Prothonotary
S I\ • ?1
C is R. Long, Prothonotary
By Deputy: ?1? QP w
. . - n
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
Date:
The following person,
Or is no longer and employee (__)
has never been (_)
Signature of Employer
Print name of Employer
Address
Address
Telephone #
For Prothonotary use only
Date:
Curtis R. Long, Prothonotary
Deputy
(Seal of the Court)
J 'r'
MARTIN WALSH IN THE COURT OF COMMON PLEAS
CUMBERELAND COUNTY, PENNSYLVANIA
V. NO. 06-3119
WILLIE WILLIAMS
Praeciae for 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 Willie Williams, Defendant
c/o PA Department of Corrections
SCI - Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
(2) against PA Department of Corrections, Garnishee/ Employer of the Defendant.
PA Department of Corrections
SCI - Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
The amount of the judgment is $ 2,075.29
A security deposit in the amount of $ 495.00 is being held by
the judgment creditor-landlord. This security deposit
xxxxx has been applied
has not been applied
to payment of rent due on the same premises for which the judgment has been
entered.
(Any security deposit that has not already been applied to rent will be deducted by
the Prothonotary from the amount of the judgment in determining the amount to be
attached.)
The amount of $ 0.00 has been paid toward satisfaction of the judgment.
Date
David J. Lanza
Attorney I.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Judgment Creditor- Landlord
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David J. Lanza
Attorney I.D. #55782
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Martin Walsh
MARTIN WALSH : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
WILLIE WILLIAMS
Defendant
: NO. 06-3119
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF CORRECTIONS
Respondent
PETITION TO ENFORCE WRIT AGAINST
PENNSYLVANIA DEPARTMENT OF CORRECTIONS
On or about May 25, 2007 the Cumberland County Prothonotary issued a
Writ of Attachment against the wages of Defendant Willie Williams and forwarded said
attachment to the Pennsylvania Department of Corrections at Mr. Williams' place of
employment at 2500 Lisburn Road, Camp Hill, PA 17001-8837. A true and correct copy
of the Writ is attached hereto as Exhibit "A".
2. The Pennsylvania Department of Corrections has failed and refused to
attach and/or deduct the wages of Defendant Willie Williams in violation of the Writ of
Attachment and despite subsequent communication from Plaintiffs counsel.
3. Respondent has failed and refused to forward any proceeds to the
Prothonotary pursuant to said Writ.
4. On or about July 29, 2007, Plaintiffs counsel mailed to Respondent the
correspondence attached hereto as Exhibit "B", which correspondence was ignored.
5. Plaintiff has been forced to incur attorney's fees for the purpose of
enforcing the Writ of Attachment.
6. No judge has been involved in these proceedings thus far.
7. Pursuant to Rule 208.2(d), Plaintiff has forwarded a copy of this Petition to
Respondent, and Respondent has not concurred therein.
WHEREFORE, Plaintiff seeks an Order:
1) finding Respondent in contempt of this Court's Writ of Attachment;
2) ordering Respondent immediately to begin attaching the wages of Defendant
Willie Williams; and
3) awarding attorney fees to Plaintiff, Martin Walsh.
Dated: (I?-11GV
By:
Respectfully submitted,
CALDWELL & KEARNS
Davi J. Lanza
Attorney I.D. #55782
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Martin Walsh IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS CNN DIVISION
Willie Williams, No. W3119 -Clvil Term
Employee
TO: PA Depar mew of Correedous
SCl-Csttnp am
2500 Llasbum Road
Camp Hill, Pa. 17001-8337
RE: Residential Lease between Plaintiff and Defendant
The above employer shall attack asst deduct from the wages of the above employee a sum not to
exceed ten (30%) of the net wages per pay period of said employee or a sum not to place employees net
income below poverty income guideli n a as provided annually by the Federal Office of Management and
Budget, whichever is less. "Nat wages" shall mean all wages paid, leas only the following items-
I . Federal, State and Local income taxes;
2. F.1.C.A. patynwnts aril non-volurLtery retir nt payer nts;
3. Union dues; and,
4. Health insurance preaniums
The amount swages to be attached shall total $2,07529 (plus costs)
The employer shall send the attached wages to the Prothonotary, Cana bound County
Courthouse, One Courthouse Squore, Carlide, PA 17013, payaaNe to Plaintiff-Cr editera Martin
Walsh within fifteen (13) days from the close of the last pay period in each month. The employer shalt be
entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the
extra bookkeeping necessary to implement the ems within the Writ ofAttacbment, not exuding $5.00 of
the amount of the wages so deducted. If you, the employer, am served with more than orse Writ of
Attachment for damages arising out of a residential tease against the aurae employee, then the wage
attachments shall be, satisfied in ft order in which said Writs of Attschmnt were served. feels prior wage
attadunent shaft 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 w (i) you being adjudged in cwt and
committed to jail or fined by the court and (ti) an action against you by the employm for damages.
WiIIN failare to comply with this Writ of Attachment may result in (i) you being adjudged in
contempt of court and committed to jailor fined by the court; (it) you being held liable for any amount not
withheld, or withheld but not forwarded to the Prothonotary's office; asst, (iii) attachment of your funds or
property-
This Writ ofAttachtnent 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.
PA D"artanent of Correcdous
SCI-Camp Hill
2500 Lwbwn Road
Camp Hill, Pa. 1700148837
Any questions should be directed to the Plaintiff-Creditor.
David L Lanza, Esq 2157 Matrke Street, Camp Hill, Pa. 17011
Date: k
s R Long, Pmdmowy
•a-f2j
Costs: $76.59 pd Atty ByDgmty: ?f
2.00 due Prothonotary
LAW OFFICES
David J. Lanza
356 North 21" Street
Camp Hill, PA 17011
July 29, 2007
PA Department of Corrections
SCI - Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
ATTN: Personnel Department
Re: Walsh v. Williams
Dear Sir or Madam:
TELEPHONE 717-730-3775
FACSIMILE 717-730-3778
EMAIL djlaw@pa.net
Several weeks ago, the Prothonotary of Cumberland County forwarded to you
paperwork for the attachment of the wages of Willie Williams. Mr. Williams has been a
prison guard on your payroll for a number of years. The documents forwarded to you
have the force of a court order.
As of yet, no portion of Mr. Williams' wages has been forwarded to the
Prothonotary from your office. Please contact me immediately to discuss this matter, or
we shall be forced to file a petition with the Court to initiate contempt proceedings.
Very truly yours,
David J. Lanza
184-1
e.?
FLAN 2 8 2008
David J. Lanza
Attorney I.D. #55782
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Martin Walsh
MARTIN WALSH
Plaintiff
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF CORRECTIONS
Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 06-3119
ORDER
it \
AND NOW, this 119 day of January 2008, a Rule is hereby issued upon
Respondent to show cause, if any it has, why the relief requested in the aforesaid
Petition should not be granted
Respondent by regular mail.
BY THE COURT:
0
Rule returnable within 10 days from service upon
`,,
?E 1
R ,.,
i?
?.t
??
jj `t.,1
(„1 ? ? f
/'e
f?.? .V.
David J. Lanza
Attorney I . D. #55782
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Martin Walsh
MARTIN WALSH
Plaintiff
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF CORRECTIONS
Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 06-3119
MOTION TO MAKE RULE ABSOLUTE
1. On January 28th, 2008, this Court, by the Honorable Judge M.L. Ebert, entered a
Rule to Show Cause, requiring an answer from Respondent within twenty days of service via
regular mail. A copy of this Order is attached as Exhibit "A".
2. Plaintiff served the aforesaid Order upon Respondent by regular mail on January
30, 2008. A true and correct copy of the cover letter by which service of the Order and Petition
was made is attached hereto as Exhibit "B".
3. Respondent has failed to answer the aforesaid Petition or Order.
Wherefore, Plaintiff requests that this Honorable Court enter an order (1) requiring the
Respondent to attach the wages of Defendant pursuant to the Writ of Attachment attached to
Plaintiff's Petition and (2) awarding attorney fees to Plaintiff in the amount of $500.00.
Respectfully sub itted,
David J. Lanza
Attorney I.D. No. 55782
3631 North Front Street
Harrisburg, PA 17110
Telephone (717) 232-7661
Attorney for Plaintiff
184-001
CERTIFICATE OF SERVICE
AND NOW, this (qt' day of February 2008, 1 hereby certify that I have served
a copy of the within document on the following by depositing a true and correct copy of
the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Willie Williams
c/o PA Department of Corrections
SCI - Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
Jeffrey Beard, Secretary
PA Department of Corrections
SCI - Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
CALDWELL & KEARNS
V
By:
David Lanza
184-001/
EXKIBIT A
ORDER
AND NOW, this day of January 2008, a Rule is hereby issued upon
David J. Lanza
Attorney I.D. #55782
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Martin Walsh
MARTIN WALSH
Plaintiff
V.
WILLIE WILLIAMS
Defendant
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-3119
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF CORRECTIONS
Respondent
Respondent to show cause, if any it has, why the relief requested in the aforesaid
Petition should not be granted. Rule returnable within ,r16 days from service upon
Respondent by regular mail.
BY THE COURT:
?el ? \JA
J.
t XHIBIT B
JAMES R. CLIPPINGER
CHARLES J. DEHART. 111
JAMES L. GOLDSMITH
P. DANIEL ALTLANO
JEFFREY T. MCGUIRE'
STANLEY J. A. LASKOWSKI
DOUGLAS K. MARSICO
BRETT M. WOODBURN
DAVID J. LANZA
ELIZABETH H. FEATHER
'BOARD CERTIFIED CIVIL TRIAL ADVOCATE
CALDWELL & KEARNS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3631 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17110-1533
January 30, 2008
Jeffrey Beard, Secretary
PA Department of Corrections
SCI-Camp Hill
2500 Lisburn Road
Camp Hill, PA 17001-8837
Re: Martin Walsh v. Willie Williams, et al.
Docket No. 06-3119
Dear Mr. Beard:
Enclosed is a copy of an Order we received in the above-captioned matter.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
David J. Lanz
CALDWELL & KEARNS
DJL: mem
Enclosure
184-001/128521
OF COUNSEL
RICHARD L. KEARNS
CARL G. WASS
JAMES D. CAMPBELL. JR.
THOMAS D. CALDWELL. JR.
11928 - 2001)
717-232-7661
FAX: 717-232-2766
thefirm@caldwelikearns.com
'
47?J :
7l
C;o
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
No. 06-3119
V.
WILLIE WILLIAMS,
Defendant.
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel on behalf of Defendant, Jeffrey A.
Beard, Ph.D., in the above-captioned matter.
Respectfully submitted,
Office of General Counsel
By:
i liam E. Fair 11, Jr.
Deputy Chief Counsel for Litigation
Attorney I.D. No. 20840
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
February 25, 2008 (717) 731-0444
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
V.
WILLIE WILLIAMS,
Defendant.
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS.
: No. 06-3119
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and
correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s)
and in the manner indicated below.
Service by first-class mail
Addressed as follows:
David J. Lanza, Esquire
2157 Market Street
Camp Hill, PA 17011
Kay to
Clerk Typist 2
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
February 25, 2008 (717) 731-0444
C a r'"
M
.a rJ
_
Jam'
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"r
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff, No. 06-3119
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
RESPONSE TO PETITION TO ENFORCE WRIT AGAINST
PENNSYLVANIA DEPARTMENT OF CORRECTIONS
1. ADMITTED in part; DENIED in part.
It is ADMITTED that the document attached as Exhibit A to
Plaintiff's Petition is as stated. It is further ADMITTED that the Writ
appears to have been issued by the Cumberland County Prothonotary. Since
neither the Administrative Offices of the Department of Corrections located
at 2520 Lisburn Road, Camp Hill, PA., nor the State Correctional Institution
at Camp Hill, (SCI-Camp Hill) located at 2500 Lisburn Road, Camp Hill,
PA has a record of receiving a copy of the writ of attachment prior to
January 2008, the Respondent has no knowledge whether the Writ of
Attachment was forwarded by the Office of the Prothonotary in May 2007,
and that allegation is therefore DENIED.
2. DENIED as stated.
It is specifically DENIED that the Pennsylvania Department of
Corrections has failed and refused to attach and/or deduct the wages of
Defendant Willie Williams in violation of the Writ of Attachment. By way
of further answer the Department of Corrections (Department) has no record
of receiving such a writ and further the Department lacks both the authority
and the ability to deduct wages from its employees. Rather, the sole and
exclusive authority for the deduction of wages rests with Office of the
Budget Comptroller.
3. DENIED as stated.
It is specifically DENIED that either the Respondent, or the
Department has failed and refused to forward any proceeds to the
Prothonotary pursuant to the Writ of Attachment identified above. By way
of further answer, the Department lacks the constitutional, statutory or
regulatory authority to deduct sums of money from its employees as that
authority rests solely or exclusively with the Office of Budget Control. The
2
Respondent Secretary certainly then lacks any such authority, and has no
involvement whatsoever in such matters.
4. DENIED as stated.
Whether or not Plaintiff's Counsel mailed correspondence on or
about July 29, 2007 and attached as Exhibit B to the Petition to Enforce,
SCI- Camp Hill has no record of receiving said correspondence until January
2008. It is specifically DENIED that said correspondence was ignored by
anyone at SCI Camp Hill, or the Respondent, Secretary Beard; neither has
sufficient information to either admit or deny the allegation contained in this
paragraph, and as such, and it is DENIED and strict proof is demanded at
time of trial, if necessary.
5. DENIED.
It is specifically denied that there is any jurisdiction or legal
basis for awarding attorney fees against Secretary Beard in this matter.
6. Respondent, Secretary Beard has insufficient knowledge
and/or information available to him to either ADMIT or DENY whether a
judge has been involved in the proceedings to date; thus to the extent that
this allegation is relevant, it is denied.
7. ADMITTED in part and DENIED in part.
It is ADMITTED that the Plaintiff has forwarded a copy of his
3
Petition pursuant to Rule 208.2(d) and that the Petitioner's motion is
contested. It is DENIED that Plaintiff ever requested concurrence or gave
advanced notice of the filing of same; Respondent Beard has never been
formally served with the copy of the Writ or the Petition personally and even
if served, lacks authority to deduct any portion of Defendant Williams'
salary pursuant to said writ;
Wherefore, Secretary Beard respectfully requests that Plaintiff's
Petition to Enforce the Writ be dismissed.
NEW MATTER
By way of further answer, Respondent Beard alleges as follows:
8. It is respectfully submitted that this Court lacks jurisdiction to
enforce the Writ of Attachment against Secretary Beard, a statewide officer,
and that such jurisdiction rests solely and exclusively with the
Commonwealth Court pursuant to 42 Pa. C. S. § 761.
9. This Court lacks jurisdiction to provide mandamus relief
against either Secretary Beard as a statewide officer or the Pennsylvania
Department of Corrections as a Commonwealth agency as such relief again
lies solely and exclusively with Commonwealth Court pursuant to 42 Pa.
4
C.S. § 761.
10 The Plaintiff's petition demands that Secretary Beard enforce
the Writ of Attachment which Secretary Beard has no constitutional,
statutory or legal right to enforce in that he lacks any authority to deduct
funds from an employee's pay.
8. 11. Immediately upon receiving a faxed copy of
Plaintiff's Petition to Enforce Writ of Attachment Against Willie Williams
on January 31, 2008, undersigned counsel for the Department of Corrections
faxed copies of the Writ to the office of Budget Comptroller advising of the
existence of the Writ and requesting expedited processing. A copy of that
fax was forwarded to Plaintiff's Counsel and a copy of the communication
confirmation is attached attached as Exhibit A.
It is respectfully requested that the Petition to Enforce the Writ against
Secretary Beard be dismissed with prejudice.
Respectfully submitted,
Office of Chief Counsel
By
5
Deputy Chief Counsel for Litigation
Attorney I.D. No. PA 20840
PA Dept. of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: February 25, 2008
6
* * * COMMUNICATION RESULT REPORT ( JAN.31.2008 3:53PM ) * * *
P. 1
FAX HEADER: OFFICE OF CHIEF COUNSEL
TRANSMITTED/STORED : JAN.31.2008 3:53PM
FILE MODE OPTION ADDRESS RESULT PAGE
------------------------------------- ____
---------------------------------------------------
230 MEMORY TX 97303778 OK 6/6
i t I V J ?l ? A •?'S
f
-----------------------------------------------------------------------------------------
REASON FOR ERROR
E- 1 ) H A N Q L )p OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
.FACSIMILE
T11JANStM11T-rAL
THIS IS A PRIORITY CONFIDENTIAL FA
This Communication Is intended for the exclusive use of the individual or entity to which it is
addressed. This message contains information which may be privileged, confidential and
exempt from disclosure under applicable law. If the reader of this communication is not the
intended reeiplent, you are hereby notified that any dissemination, distribution or copying of this
communicatlon is strictly prohibited.
to, Office of the Budget Comptroller's Office ATT'N: Ms. Barbara Brightbill
Bureau of Payroll Operations, PO Box 8006, Harrisburg, PA 1 7 1 05-8006
David J. Lanza, Esq.- 717.730-3778 w/o attachments
fax #: (717) 772-3104
re: Martin Walsh v. Willie Williams
Cumberland Co. CCP No. 06-31 19 Civil 't'erm
Writ of Attachment
date: January 31, 2008
pages: 6, including cover sheet.
MESSAGE: Ms. Brightbill,
Attached are copies of a Writ of Attachment naming Willie
Williams, an employee of the Department of Corrections, and a subsequent
Petition to Enforce the Writ also filed or about to be filed in Cumberland Co. The
Department has no record of prior receipt of the Writ and, as you know, has no
authority or ability to deduct sucks, funds locally. I understand that these Writs are
usually forwarded to you in normal course. I would appreciate your expediting the
processing of these documents. Please contact me with questions or comments.
Thanks, Bill Fairall
EXHIBIT
A
From the desk of
William E. F
Deputy Chief Counsel-Li at.
PA Department of Corre
55 Utley Dr., Camp Hill, PA 17011
Office Tel No: 717-731-0444
Fax: 71-7-976-22-17
Home Fax : 717-238-7024
Home 'r'el No: 71-7-234-9532
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff, No. 06-3119
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY ;
PA DEPARTMENT OF
CORRECTIONS
Respondent
CERTIFICATE OF SERVICE
I hereby certify that I am depositing in the U.S. mail a true and correct copy
of the foregoing the Response to Petition to Enforce Writ against Pennsylvania
Department of Corrections upon the person(s) in the manner indicated below:
Service by first-class mail
addressed as follows:
David J. Lanza, Esquire
2157 Market Street
Camp Hill, PA 17011
Camp Hill, PA 17011
(717) 731-0444
Dated: February 25, 2008
Clerk Typist Z
Pennsylvania Department of Corrections
55 Utley Drive
IT,
t'07 i t"rv
FEB Q 0 2008V?
David J. Lanza
Attorney I.D. #55782
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Martin Walsh
MARTIN WALSH IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 06-3119
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF CORRECTIONS
Respondent
ORDER
-th
AND NOW, this ?.? day of February 2008, in consideration of Plaintiffs
Petition to Make Rule Absolute, and the failure of Respondent to file an answer, the
Rule is hereby made absolute.
It is further Ordered that Respondent must immediately begin attaching the
wages of Defendant Willie Williams in accordance with the Writ of Attachment
previously served upon Respondent and attached to Plaintiffs Petition. Attorney fees
are awarded to Plaintiff, Martin Walsh, and against Respondent in the amount of
$500.00.
BY THE COURT:
t-, t
CS •C N SZ J 90OZ
A?iV Ci v 3 Hi -G
0
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
No. 06-03119
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
NOTICE OF APPEAL
Notice is hereby given that Jeffrey A. Beard, Ph.D, Secretary of the Pennsylvania
Department of Corrections, the Respondent named above, hereby appeals to the
Superior Court of Pennsylvania from the order entered in this matter on February
25, 2008. This order has been entered in the docket as evidenced by the attached
certified copy of the docket entry.
04liam E. 911, Jr.
Deputy Ch' f unsel for Litigation
Attorney I.D. No. PA 20840
PA Dept. of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: March 19, 2008
PYS51:! Cumberland County Prothonotary 's Office Page 1
Civil Case Print
'2006-03119 WALSH MARTIN (vs) WILLILAMS WILLIE
Reference No. Filed....... 6/01/2006
Case Type ..... : EXEMPLIFIED RECORD
Jud
2075
29
ment Time...... 8:55
g
.....
. Execution Date 0/00/0000
Judge Assigned: EBERT M L JR Jury Trial....
Disposed Desc.: Disosed Date.
h 0/00/0000
------------ Case Comments ------------- Hig
er Crt 1.:
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
WALSH MARTIN PLAINTIFF LANZA DAVID J
35 MT VIEW COURT
WELLSVILLE PA 17365
WILLIAMS WILLIE DEFENDANT
216 PROSPECT ST
JOHNSTOWN PA 15901
2500 LISBURN RD
********************************************************************************
Judgment Index Amount Date Desc
WILLIAMS WILLIE 2,075.29 6/01/2006 EXEMPLIFIED RECORD
********************************************************************************
* Date Entries
********************************************************************************
FIRST ENTRY - - - - - - - - - - - - -
6/01/2006 EXEMPLIFIED RECORD IN THE AMOUNT OF $2075.29
-------------------------------------------------------------------
6/01/2006 NOTICE MAILED TO DEFENDANT
-------------------------------------------------------------------
11/27/2006 PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES - BY DAVID J LANZA
ATTY
-------------------------------------------------------------------
12/06/2006 SHERIFF'S FILE RETURNED FILED.
Case Type: NOTC INT ATTACH WAGES Ret Type.: Regular
Litigant.: WILLIAMS WILLIE
Address..: SCI CAMP HILL 2500 LISBURN ROAD
Ctyy/St/Z • CAMP HILL, PA 17011
Hnd To: WILLIE WILLIAMS
Shf/Dpty.: GERALD N WORTHINGTON
Date/ Time: 12/05/2006 1618:00
Costs....: $41.59 Pd By: 00/00/0000
-------------------------------------------------------------------
5/25/2007 PRAECIPE FOR WRIT OF ATTACHMENT AND WRIT OF ATTACHMENT ISSUED
FILED BY DAVID J LANZA ESQ FOR PLFF
-------------------------------------------------------------------
5/25/2007 PRAECIPE FOR WRIT OF ATTACHMENT AND WRIT OF ATTACHMENT ISSUED
$2,075.29 COSTS $76.59 PD ATTY $2.00 DUE PROTHONOTARY
------------------------------------------
-------------------------
1/28/2008 PETITION TO ENFORCE WRIT AGAINST PA DEPT OF CORRECTIONS - BY DAVID
J LANZA ATTY FOR PLFF
-------------------------------------------------------------------
1/29/2008 ORDER - DATED 1/28/08 - IN RE PETTION TO ENFORCE WRIT AGAINST
PENNSYLVANIA DEPARTMENT OF CORRECTION - RULE IS HEREBY ISSUED UPON
RESPONDENT TO SHOW CAUSE IF ANY IT HAS WHY THE RELIEF REQUESTED IN
THE AFORESAID PETITION SHOULD NOT BE GRANTED - RULE RETURNABLE
WITHIN 20 DAYS FROM SERVICE UPON RESPONDENT BY REGULAR MAIL - BY M
L EBERT JR J - COPIES MAILED 1/29/08
-------------------------------------------------------------------
2/19/2008 MOTION TO MAKE RULE ABSOLUTE - BY DAVID J LANZA ATTY FOR PLFF
-------------------------------------------------------------------
2/25/2008 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT JEFFREY A BEARD PHD - BY
WILLIAM E FAIRALL JR ATTY FOR JEFFREY BEARD PHD
-------------------------------------------------------------------
2/25/2008 RESPONSE TO PETITION TO ENFORCE WRIT AGAINST PENNSYLVANIA
DEPARTMENT OF CORRECTIONS - BY WILLIAM E FAIRALL JR
-------------------------------------------------------------------
2/25/2008 ORDER - 2/25/08 IN RE: PLFF'S PETITION TO MAKE RULE ABSOLUTE - THE
FAILURE OF RESPONDENT TO FILE AN ANSWER THE RULE IS HEREBY MADE
PYS511 - Cumberland County Prothonotary's Office Page
Civil Case Print
'2006-03119 WALSH MARTIN (vs) WILLILAMS WILLIE
Reference No... Filed......... 6/01/2006
Case Type ..... : EXEMPLIFIED RECORD Time.........: 8:55
Judgment..... 2075.29 Execution Date 0/00/0000
Judge Assigned: EBERT M L JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
ABSOLUTE - IT IS FURTHER ORDERED THAT RESPONDENT MUST IMMEDIATELY
BEGIN ATTACHING THE WAGES OF DEFT WILLIE WILLIAMS IN ACCORDANCE
WITH THE WRIT OF ATTACHMENT PREVIOUSLY SERVED UPON RESPONDENT AND
ATTACHED TO PLFF'S PETITION ATTY FEES ARE AWARDED TO PLFF MARTIN
WALSH AND AGAINST RESPONDENT IN THE AMOUNT OF $500.00 - BY M L
EBERT JR J - COPIES MAILED 2/25/08
-------------------------------------------------------------------
3/10/2008 WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF $108.58 FROM
COMMONWEALTH OF PENNSYLVANIA (CHECK #01113883) FROM DEFENDANT
FORWARDED AND MAILED TO PLAINTIFF MARCH 10, 2008
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Bw*Bal***P*ymts/Adj End Bal
*********************************** ****** *******************************
EX RECORD/SAT 10.00 10.00 .00
SATISFACTION 5.00 5.00 .00
AUTOMATION FEE 5.00 5.00 .00
WRIT OF ATTACH 15.00
----- 15.00 .00
---------
35.00 ---------- ---
35.00 ---------
.00
********************************************************************************
* End of Case Information
********************************************************************************
rRUE
11 resummy offid. i Uwe ow st nq i
Adfta so Come m p • i
w
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
No. 06-3119
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
CERTIFICATE OF SERVICE
I hereby certify that I am depositing in the U.S. mail a true and correct copy
of the foregoing Notice of Appeal to the Pennsylvania Superior Court by:
Service by first-class mail
addressed as follows:
Judge Merle L. Ebert, Jr.
Courthouse
One Courthouse Square
Carlisle, PA 17013
David J. Lanza, Esquire
Attorney ID PA 55782
Caldwell & Kearns
3631 N. Front Street
Harrisburg, PA 17110
av
-, Z, M) L
Kay F1 r
Clerk Typist 2
Pennsylvania Department of
Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: March 19, 2008
n ?
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N 6V'' ?-
r
N
Mz
CD
N?
rn
COMMONWEALTH OF PENNSYLVANIA
Karen Reid Bramblett, Esq.
Prothonotary
James D. McCullough, Esq.
Deputy Prothonotary
Superior Court of Pennsylvania
Middle District
March 26, 2008
100 Pine Street. Suite 400
Harrisbure. PA 17101
717-772-1294
www.superior.court.state.pa.us
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: 531 MDA 2008
Martin Walsh
V.
William Williams
V.
Jeffrey Beard, Secretary, PA Department of Corrections, Appellant
Dear Mr. Long:
Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if
you believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet
at the Web site address printed at the top of this page. Thank you.
Very truly yours,
Karen Reid Bramblett, Esq.
Prothonotary
WJT
Enclosure
1:09 P.M.
Appeal Docket Sheet
Docket Number: 531 MDA 2008
Superior Court of Pennsylvania
Page 1 of 3
March 26, 2008 vab
Martin Walsh
V.
William Williams
V.
Jeffrey Beard, Secretary, PA Department of Corrections, Appellant
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: March 24, 2008
Journal Number:
Case Category: Civil
Awaiting Original Record
CaseType: Civil Action Law
Consolidated Docket Nos.: Related Docket Nos.:
SCHEDULED EVENT
Next Event Type: Receive Docketing Statement Next Event Due Date: April 9, 2008
Next Event Type: Original Record Received Next Event Due Date: May 19, 2008
3/26/2008
3023
1:09 P.M.
Appeal Docket Sheet
Docket Number: 531 MDA 2008
Superior Court of Pennsylvania
Page 2 of 3
March 26, 2008 vow
COUNSEL INFORMATION
Appellant
Pro Se:
IFP Status:
Beard, Jeffery A.
Appoint Counsel Status:
No
Appellant Attorney Information:
Attorney: Fairall Jr., William E.
Bar No.: 20840
Address: 55 Utley Drive
Camp Hill, PA 17011
Phone No.: (717)731-0444
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
Law Firm: PA Department of Corrections
Fax No.: (717)975-2217
Appellee
Pro Se:
IFP Status:
Walsh, Martin
Appoint Counsel Status:
Appellee Attorney Information:
Attorney: Lanza, David J.
Bar No.: 55782 Law Firm:
Address: 3631 North Front Street
Harrisburg, PA 17110
Phone No.: Fax No.:
Receive Mail: Yes
E-Mail Address: dlanza@caldwellkearns.com
Receive E-Mail: Yes
FEE INFORMATION
Paid
Fee Date Fee Name Fee Amt Amount Receipt Number
3/20/08 Notice of Appeal 60.00 60.00 2008SPRMD000248
TRIAL COURT/AGENCY INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Civil
Date of Order Appealed From: February 25, 2008 Judicial District: 9
Date Documents Received: March 24, 2008 Date Notice of Appeal Filed: March 20, 2008
Order Type: Order Entered OTN:
Judge: Ebert, Jr., Merle L.
Judge
Lower Court Docket No.: 06-03119
ORIGINAL RECORD CONTENTS
3/26/2008 3023
1:09 P.M.
Appeal Docket Sheet
Docket Number: 531 MDA 2008
Superior Court of Pennsylvania
Pate 3 of 3
March 26, 2008
Original Record Item Filed Date Content/Description
Date of Remand of Record:
BRIEFS
DOCKET ENTRIES
Filed Date Docket Entry/Document Name Party Type Filed By
March 24, 2008 Notice of Appeal Filed
Appellant Beard, Jeffery A.
March 26, 2008 Docketing Statement Exited (Civil)
Middle District Filing Office
3/26/2008 3023
r-?
C:43 -?
MARTIN WALSH,
Plaintiff
V.
WILLIE WILLIAMS,
Defendant
V.
JEFFREY BEARD, Secretary
Pa. Department of Corrections
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3119 CIVIL
ORDER OF COURT
AND NOW, this 28th day of March, 2008, the Court being in receipt of a
Notice of Appeal in the above captioned matter, the Appellant is ordered to file
with this Court a concise statement of matters complained of on appeal no later
than April 18, 2008.
By the Court,
avid J. Lanza, Esquire
Attorney for Plaintiff
,/illiam E. Fairall, Jr., Esquire
Attorney for Respondent
Court Administrator - BAs 3J."doe
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M. L. Ebert, Jr., " 0 J.
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MARTIN WALSH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIE WILLIAMS,
Defendant
V.
JEFFREY BEARD, Secretary
Pa. Department of Corrections
Respondent NO. 06-3119 CIVIL
ORDER OF COURT
AND NOW, this 31St day of March, 2008, IT IS HEREBY ORDERED AND
DIRECTED that a status conference will be held on Monday, April 7, 2008, at
3:30 p.m. in chambers of Courtroom No. 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
,David J. Lanza, Esquire
Attorney for Plaintiff
illiam E. Fairall, Jr., Esquire
Attorney for Respondent
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By the Court,
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M. L. Ebert, Jr., J.
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Time/Date Stamp ?
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
No. 06-3119
Judge M. L. Ebert, Jr.
CONCISE STATEMENT OF MATTERS COMPLAINED OF
ON APPEAL
And now, Respondent Jeffrey A. Beard, by and through counsel, William E.
Fairall, Jr., respectfully submits this Statement in compliance with Judge Ebert's
Order dated March 28, 2008:
I Respondent appeals the entry of the February 25, 2008 Order making the
Rule dated January 28, 2008 absolute and further ordering Respondent to begin
attaching wages of Defendant Willie Williams in accordance with the Writ of
Attachment previously served upon Respondent and awarding attorney fees to
Plaintiff Walsh against the Respondent in the amount of $500.00. The basis for
this appeal is the lack of personal jurisdiction of this court over the Respondent,
Jeffrey A. Beard.
r
A. The Writ of Attachment in this matter named PA Department of
Corrections, SCI-Camp Hill as the Respondent and ostensibly forwarded the Writ
to SCI-Camp Hill's Administration Office address at 2500 Lisburn Road, Camp
Hill, PA 17001-8837. Ordinarily, all such Writs are forwarded and/or served
upon the Bureau of Commonwealth Payroll Operations (BCPO) which is
statutorily authorized under the Office of the Comptroller, 71 P.S. § 74, to review
all such Writs and forward same to the Office of the Treasury which is the
Commonwealth entity charged with the authority to make the payment, 71 P.S. §
301. Neither the State Correctional Institution at Camp Hill (SCI-Camp Hill) nor
the Department of Corrections (Department) has the authority to withhold funds
from an employee's pay and thus could not legally attach the wages of Defendant
Willie Williams as mandated by t he Writ of Attachment.
B. The Writ of Attachment sent to SCI-Camp Hill was dated may 25,
2007. Plaintiff forwarded a follow up letter dated July 29, 2007, advising that no
wage attachment payments had been made the Prothonotary's Office. That letter
was mailed to the same address as was the Writ.
C. By letter dated January 30, 2008, Plaintiff forwarded a transmittal
letter containing a signed Order by this Court to Jeffrey A. Beard, Secretary at the
address of SCI-Camp Hill. Secretary Beard's Office is not located in the
Institution's Administration Building and Secretary Beard had not been served or
notified of the underlying Writ of Attachment. This transmittal letter also
contained Plaintiff's Petition to Enforce the Writ but Plaintiff had modified the
Caption of the pleading from that of the Writ by unilaterally changing the
Respondent from SCI-Camp Hill, the actual institution where defendant Williams
was employed, to Secretary Beard. Respondent complains that Plaintiff had no
right, power or authority to so modify the caption and unilaterally change a party
to this action.
D. Plaintiff's act of unilaterally modifying the caption to change the
name of the Respondent to Secretary Beard does not vest jurisdiction over the
person of Jeffrey A. Beard with this honorable Court. Thus, the Court had no
jurisdiction to enter either its Order dated January 28, 2008 or its Order dated
February 25, 2008 against Respondent Jeffrey A. Beard.
E. Because Plaintiff failed to take the appropriate actions to vest
jurisdiction over Secretary Beard in this matter, Respondent Beard had no
obligation to respond to Plaintiff's Motion or to the Rule. Nonetheless, on January
31, 2008, the date counsel received Plaintiff's transmittal letter address to
Secretary Beard, together with Plaintiff's Motion to Enforce, counsel notified
Plaintiff by faxed correspondence, that the Department had no authority or ability
to deduct wages or payments from defendant's pay pursuant to the Writ or
otherwise, provided the name and address of the proper respondent for the Writ,
advised that counsel had notified and copied the Bureau Of Payroll Operations
with Plaintiff's underlying Writ and Motion to Enforce, and had requested
expedited processing. Plaintiff nevertheless continued his actions against an
improper party and one over which the Court lacked personal jurisdiction.
Respectfully submitted,
4iam E. Fair 1, Jr.
Deputy Chief Counsel Counsel for itiggation
Attorney I.D. No. PA 20840
PA Dept. of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
April 16, 2008
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
No. 06-3119
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
CERTIFICATE OF SERVICE
I hereby certify that I am depositing in the U.S. mail a true and correct copy
of Respondent's Concise Statement of Matters Complained of on Appeal by:
Service by first-class mail
addressed as follows:
Judge Merle L. Ebert, Jr.
Courthouse
One Courthouse Square
Carlisle, PA 17013
David J. Lanza, Esquire
Attorney ID PA 55782
Caldwell & Kearns
3631 N. Front Street
Harrisburg, PA 17110
Deb Bryan
Clerk Typist Supervisor
Pennsylvania Department of
Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: April 16, 2008
I.
Time/Date Stam]1:1
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
No. 06-3119
V.
WILLIE WILLIAMS Judge M. L. Ebert, Jr.
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
CONCISE STATEMENT OF MATTERS COMPLAINED OF
ON APPEAL
And now, Respondent Jeffrey A. Beard, by and through counsel, William E.
Fairall, Jr., respectfully submits this Statement in compliance with Judge Ebert's
Order dated March 28, 2008:
I Respondent appeals the entry of the February 25, 2008 Order making the
Rule dated January 28, 2008 absolute and further ordering Respondent to begin
attaching wages of Defendant Willie Williams in accordance with the Writ of
Attachment previously served upon Respondent and awarding attorney fees to
Plaintiff Walsh against the Respondent in the amount of $500.00. The basis for
this appeal is the lack of personal jurisdiction of this court over the Respondent,
Jeffrey A. Beard.
A. The Writ of Attachment in this matter named PA Department of
Corrections, SCI-Camp Hill as the Respondent and ostensibly forwarded the Writ
to SCI-Camp Hill's Administration Office address at 2500 Lisburn Road, Camp
Hill, PA 17001-8837. Ordinarily, all such Writs are forwarded and/or served
upon the Bureau of Commonwealth Payroll Operations (BCPO) which is
statutorily authorized under the Office of the Comptroller, 71 P.S. § 74, to review
all such Writs and forward same to the Office of the Treasury which is the
Commonwealth entity charged with the authority to make the payment, 71 P.S. §
301. Neither the State Correctional Institution at Camp Hill (SCI-Camp Hill) nor
the Department of Corrections (Department) has the authority to withhold funds
from an employee's pay and thus could not legally attach the wages of Defendant
Willie Williams as mandated by t he Writ of Attachment.
B. The Writ of Attachment sent to SCI-Camp Hill was dated may 25,
2007. Plaintiff forwarded a follow up letter dated July 29, 2007, advising that no
wage attachment payments had been made the Prothonotary's Office. That letter
was mailed to the same address as was the Writ.
C. By letter dated January 30, 2008, Plaintiff forwarded a transmittal
letter containing a signed Order by this Court to Jeffrey A. Beard, Secretary at the
address of SCI-Camp Hill. Secretary Beard's Office is not located in the
Institution's Administration Building and Secretary Beard had not been served or
notified of the underlying Writ of Attachment. This transmittal letter also
contained Plaintiff's Petition to Enforce the Writ but Plaintiff had modified the
Caption of the pleading from that of the Writ by unilaterally changing the
Respondent from SCI-Camp Hill, the actual institution where defendant Williams
was employed, to Secretary Beard. Respondent complains that Plaintiff had no
right, power or authority to so modify the caption and unilaterally change a party
to this action.
D. Plaintiff's act of unilaterally modifying the caption to change the
name of the Respondent to Secretary Beard does not vest jurisdiction over the
person of Jeffrey A. Beard with this honorable Court. Thus, the Court had no
jurisdiction to enter either its Order dated January 28, 2008 or its Order dated
February 25, 2008 against Respondent Jeffrey A. Beard.
E. Because Plaintiff failed to take the appropriate actions to vest
jurisdiction over Secretary Beard in this matter, Respondent Beard had no
obligation to respond to Plaintiff's Motion or to the Rule. Nonetheless, on January
31, 2008, the date counsel received Plaintiffs transmittal letter address to
Secretary Beard, together with Plaintiffs Motion to Enforce, counsel notified
Plaintiff by faxed correspondence, that the Department had no authority or ability
to deduct wages or payments from defendant's pay pursuant to the Writ or
otherwise, provided the name and address of the proper respondent for the Writ,
advised that counsel had notified and copied the Bureau Of Payroll Operations
with Plaintiff s underlying Writ and Motion to Enforce, and had requested
expedited processing. Plaintiff nevertheless continued his actions against an
improper party and one over which the Court lacked personal jurisdiction.
Respectfully submitted,
1, Jr.
i iam E. Fair.
Deputy Chief Counsel for itigation
Attorney I.D. No. PA 20840
PA Dept. of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
April 16, 2008
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY-PENNSYLVANIA
CIVIL ACTION-LAW
MARTIN WALSH,
Plaintiff,
No. 06-3119
V.
WILLIE WILLIAMS
Defendant
V.
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS
Respondent
CERTIFICATE OF SERVICE
I hereby certify that I am depositing in the U.S. mail a true and correct copy
of Respondent's Concise Statement of Matters Complained of on Appeal by:
Service by first-class mail
addressed as follows:
Judge Merle L. Ebert, Jr.
Courthouse
One Courthouse Square
Carlisle, PA 17013
David J. Lanza, Esquire
Attorney ID PA 55782
Caldwell & Kearns
3631 N. Front Street
Harrisburg, PA 17110
Deb Bryan
Clerk Typist Supervisor
Pennsylvania Department of
Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: April 16, 2008
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MARTIN WALSH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIE WILLIAMS,
Defendant
V. No. 06-3119 CIVIL
JEFFREY BEARD, SECRETARY
PA DEPARTMENT OF
CORRECTIONS,
Respondent
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
Ebert, J., May 16, 2008 -
Respondent Jeffrey A. Beard has filed an appeal to the Superior Court of Pennsylvania
following an Order entered February 25, 2008, requiring Respondent to begin attaching wages of
Defendant Willie Williams and awarding attorney's fees to Plaintiff Walsh against the
Respondent in the amount of $500.00.' Respondent contends that the Order entered by this
Court is unenforceable against him because this Court lacks personal jurisdiction over the
Respondent.2 This opinion is written pursuant to Pa. R.A.P. 1925(a).
STATEMENT OF THE FACTS
The case before this Court finds its origins in a landlord-tenant dispute between Plaintiff
Martin Walsh and Defendant Willie Williams. A judgment was entered against Defendant for
1 See Order of Court, Feb. 25, 2008.
2 See Concise Statement of Matters Complained of on Appeal, filed Apr. 16, 2008.
nonpayment of rent for, or damage to, residential property rented from Plaintiff.3 Defendant
was served by Deputy Sheriff Gerald N. Worthington of Cumberland County, Pennsylvania,
with the Notice of Intent to Attach Wages on December 5, 2006, at the State Correctional
Institution in Camp Hill, Pennsylvania, where Defendant is employed. Pursuant to the judgment
against the Defendant, Defendant's employer, the Pennsylvania Department of Corrections, was
notified, via a Cumberland County Prothonotary-issued Writ of Attachment, to garnish
Defendant's wages to fulfill the $2,075.29 judgment (plus costs). This notification was sent May
25, 2007.5
On July 29, 2007, Counsel for Plaintiff, David Lanza, sent a letter to the Pennsylvania
Department of Corrections requesting that the Department complete the attachment paperwork
which had been forwarded by the Cumberland County Prothonotary many weeks prior. The
letter was addressed to Respondent, Jeffrey Beard, Secretary of the Pennsylvania Department of
Corrections, and sent to the State Correctional Institute's address in Camp Hill. 6 Since the letter
was sent on July 29, 2007, no wages have been forwarded to the Prothonotary as required under
the Writ of Attachment.' Furthermore, Attorney Lanza never received any reply regarding his
request.
On January 28, 2008, Plaintiff requested that this Court enter an order under which
Respondent would be required to immediately begin attaching Defendant's wages. Plaintiff also
requested that the Court find Respondent in contempt of the Court's Writ of Attachment and
3 Notice of Filing Judgment, Nov. 15, 2005; See also Notice of Intent to Attach Wages, Salary or Commissions
filed Nov. 27, 2006.
4 Sheriff's Return - Regular, filed Dec. 6, 2006.
5Praecipe for Writ of Attachment and Writ of Attachment issued, May 25, 2007, by David J. Lanza for Plaintiff.
6 See Ex. B attached to Plaintiff's Petition to Enforce Writ against Pennsylvania Department of Corrections, filed
Jan. 28, 2008.
Writ of Attachment issued May 25, 2007.
2
award attorney's fees to Plaintiff.8 On January 28, 2008, this Court issued a Rule upon
Respondent to show cause as to why the Plaintiff's request for relief should not be granted and
making the Rule returnable within 20 days from service upon Respondent by mail.9 Plaintiff
served this Order of Court upon Respondent via regular post on January 30, 2008.10 Respondent
did not respond to either the Petition or the Order.
Due to Respondent's failure to respond to Plaintiff's Petition or to this Court's Order, on
February 25, 2008, this Court entered an Order making the Rule absolute. The Order further
required Respondent to immediately begin attaching Defendant's wages in accordance with the
Writ of Attachment. Attorney's fees were awarded to Plaintiff, Martin Walsh, and against
Respondent in the amount of $500.00.11 Finally, Respondent did file a response to Plaintiff's
Petition to Enforce the Writ against Pennsylvania Department of Corrections 12 on the same date
as the Court's Order making the Rule absolute.13 Respondent now appeals the February 25,
2008 Order. The appeal is based upon the claim that this Court lacks personal jurisdiction over
the Respondent. 14
The Writ of Attachment in this matter named the Pennsylvania Department of
Corrections at Camp Hill and was apparently forwarded to the administrative office of the
Department of Corrections at 2500 Lisburn Road, Camp Hill. Respondent asserts, however, that
such Writs are ordinarily forwarded and/or served upon the Bureau of Commonwealth Payroll
Operations. He further contends that neither the State Correctional Institution nor the
Department of Corrections has the authority to withhold funds from an employee's pay and thus
e See Plaintiff's Petition to Enforce Writ against Pennsylvania Department of Corrections, filed Jan. 28, 2008.
9 See Order of Court, filed Jan. 29, 2008.
10 See Ex. B attached to Plaintiff's Motion to Make Rule Absolute, filed Feb. 19, 2008.
11 See Order entered Feb. 25, 2008.
12 See Plaintiff's Petition to Enforce Writ against Pennsylvania Department of Corrections, filed Jan. 28, 2008.
13 See Respondent's Response to Petition to Enforce Writ Against Pennsylvania Department of Corrections, filed
Feb. 25, 2008.
14 See Concise Statement of Matters Complained of on Appeal, filed Apr. 17, 2008.
could not legally attach the wages of the Defendant as required under the Writ of Attachment. 15
Respondent claims that his office is not located at the Administrative office, and that he has
never been served or notified of the underlying Writ of Attachment.' 6
Respondent additionally asserts that Plaintiff unilaterally modified the case caption to
contain Respondent's name: changing the Respondent from SCI-Camp Hill to Respondent.
Respondent complains that Plaintiff had no authority to unilaterally change a party to the action
by modifying the caption. 17 Respondent contends that Plaintiff's act of unilateral modification
does not vest this Court with personal jurisdiction over the Respondent.18 Respondent claims
that since Plaintiff failed to take the necessary amendment actions to vest jurisdiction over his
person, he has no obligation to respond to Plaintiff's Motion or the Rule.19
DISCUSSION
This Court will not enter into a needless dispute regarding jurisdiction. We admit that the
law favors Respondent's argument that jurisdiction has not been properly obtained. That said,
we cannot support Respondent's behavior.
Notification of the garnishment was sent to Defendant's employer via a Writ of
Attachment. Importantly, it should be noted that Respondent admits that the Writ was issued by
the Cumberland County Prothonotary.20 Respondent contends, however, that neither the
Administrative Offices of the Department of Corrections nor the State Correctional Institution at
Camp Hill received the Writ, or at least have no record of such receipt. 21 Undoubtedly, the
letter, which was clearly and accurately addressed to the State Correctional Institution, was
15 See Concise Statement of Matters Complained of on Appeal, filed Apr. 17, 2008 at ¶ A.
16 Id. at ¶ C.
17 Id.
" Id. at ¶ D.
19 Id. at ¶ E.
20 See Response to Petition to Enforce Writ Against Pennsylvania Department of Corrections, filed Feb. 25, 2008 at
¶ 1.
21 Id.
4
received. What happened to the Writ of Attachment following receipt can only be left to
speculation.
Approximately two months later, Plaintiff's counsel sent a letter to Defendant's employer
requesting compliance with the Writ of Attachment. The letter, which Respondent claims was
also sent to the wrong location, was however sent to the most logical location: the place of
employment - the Department of Corrections. Plaintiff's counsel addressed the letter to the
overseer of the Department of Corrections: Jeffrey Beard, the Secretary of the Department of
Corrections. In short, there was nothing improper about Plaintiff's counsel's actions in
attempting to contact the most authoritative figure at Defendant's place of employment in order
to gain compliance with the Writ of Attachment.
What was improper, however, was the Department of Correction's response to Plaintiff's
counsel's request for compliance with the Writ. Instead of directing Plaintiff's attorney toward
the proper department, the Department of Corrections, which is governed by the Respondent,
simply did not reply at all to either the Writ of Attachment or to the letter sent by Plaintiff's
counsel.
To add insult to injury, Respondent refused even to provide this Court with a timely
response. On January 28, 2008, this Court issued a Rule upon Respondent to show cause as to
why relief should not be granted. The Rule allotted Respondent 20 days from receipt by regular
mail to make this response and yet no timely response was filed. Respondent was undoubtedly
made aware of its responsibility to respond to the Rule, as a response was filed on the same date
that the Rule was made absolute.
Again, we do not deny our likely lack of jurisdiction over the Respondent Jeffrey Beard.
However, Respondent had ample time and notice to raise this issue and yet chose to remain
5
silent. Respondent chose to ignore the Writ of Attachment, Plaintiff's logical actions and this
Court's Rule to show cause. Such behavior is deplorable and clearly does not comport with the
courteous expectations of professionals. Moreover, this entire problem could have easily been
avoided if someone under Respondent's authority had been courteous enough to simply point
Plaintiff's counsel in the right direction. Respondent and his department have wasted Attorney
Lama's time as well as the State's resources and taxpayer monies with such unacceptable
behavior. They continue to waste such funds with this appeal, which would never have occurred
if reasonable diligence, or even common courtesy, had been exercised.
CONCLUSION
In summation, this Court does not deny its lack of jurisdiction over the Respondent but
adamantly condemns Respondent's behavior toward both Plaintiff's counsel and this Court.
Accordingly, this Court is of the opinion that attorney's fees should be awarded to Plaintiff
against the Respondent in the amount of $500.00.
BY THE COURT,
M.L. Ebert, Jr., J.
avid J. Lanza, Esquire
Attorney for Plaintiff
/?illiam E. Fairall, Jr., Esquire J
Attorney for Respondent
6
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CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Martin Walsh
VS.
Willie Williams
2006-3119 Civil
531 MDA 2008
The documents comprising the record have been numbered from No.1 to 70, and attached
hereto as Exhibit A is a list of the documents correspondingly numbered and identified
with reasonable definiteness, including with respect to each document, the number of
pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 05/19/2008 .
Cu 's R. Lon , roth otary
Regina Leb
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledtiny- receipt of this record.
Date
Signature & Title
Commonwealth of Pennsylvania
County of Cumberland ss:
In TESTIMONY WHEREOF, I have hereunto
this 19th
1, Curtis R. Long , Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
Martin Walsh
Plaintiff, and Willie Wi l l i arms
Defendant , as the same remains of record
before the said Court at No. 2006-'1119 of
Civil Term, A.D. 19 .
set my hand and affixed the seal of said Court
day of .ma)-z-en- D., J&-2W8
Prothonotary
1, Edgar B. Bayley President Judge of the Ninth
Judicial District, composed of the County of Cumberland, do certify that _
Curtis R. Lona , by whom the annexed record, certificate and
attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is
Prothonotary in and for said County of Qimharland in
the Commonwealth of Pennsylvania, duly commissioned and qualifi 110 f whose acts as such full faith
and credit are and ought to be given as well in Courts of judic re as else t the said record,
certificate and attestation are in due form of law and mad b the pro r off e.
v (A
President . dge
Commonwealth of Pennsylvania
County of Cumberland ss:
1, Curtis R. Long Prothonotary of the Court of Common Pleas in
and for the said County, do certify that the Honorable Edgar B. Bayley
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal of said Court this
19th
ay of MaY 11 A. D. 8.
AL'!!1*
Prothonotarv
Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
county of Cumberland in the Commonwealth of Pennsylvania
531 MDA 2008
to No. 2006-3119 Civil Term, 19 is contained the following:
COPY OF ATraearance - - DOCKET ENTRY
Martin Walsh
VS.
William Williams
**SEE CERTIFIED COPY OF THE DOCKET ENTRIES**
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PYS51-1 Cumberland County Prothonotary's Ottice i-age 1
Civil Case Print
2006-03119 WALSH MARTIN (vs) WILLIAMS WILLIE
Reference No..: Filed........: 6/01/2006
Case Type ..... : EXEMPLIFIED RECORD
Judgment..... 2075.29 Time..;......:
Execution Date 8:55
0/00/0000
Judge Assigned: EBERT M L JR
:
Disposed Desc Jury Trial....
Disposed Date.
0/00/0000
.
------------ Case Comments ------------- . Higher Crt 1.: 531 MDA 2008
Higher Crt 2.:
General Index Attorney Info
WALSH MARTIN PLAINTIFF LANZA DAVID J
35 MT VIEW COURT
WELLSVILLE PA 17365
WILLIAMS WILLIE DEFENDANT
216 PROSPECT ST
JOHNSTOWN PA 15901
2500 LISBURN RD
********************************************************************************
Judgment Index Amount Date Desc
WILLIAMS WILLIE 2,075.29 6/01/2006 EXEMPLIFIED RECORD
* Date Entries
********************************************************************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
-S 6/01/2006 EXEMPLIFIED RECORD IN THE AMOUNT OF $2075.29
-------------------------------------------------------------------
6/01/2006 NOTICE MAILED TO DEFENDANT
-------------------------------------------------------------------
(L?? 11/27/2006 PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES - BY DAVID J LANZA
ATTY
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1 12/06/2006 SHERIFF'S FILE RETURNED FILED.
Case Type: NOTC INT ATTACH WAGES Ret Type.: Regular
Litigant.: WILLIAMS WILLIE
Address..: SCI CAMP HILL 2500 LISBURN ROAD
Cty/St/Z • CAMP HILL, PA 17011
Hnd To: WILLIE WILLIAMS
Shf/D ty.: GERALD N WORTHINGTON
Date/ Time: 12/05/2006 1618:00
Costs....: $41.59 Pd By. 00/00/0000
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/_3-17 5/25/2007 COSTSI$76F059 WRIT OF ATTACHMENT AND WRIT OF ATTACHMENT ISSUED
. PD ATTY $2.00 DUE PROTHONOTARY
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?C?? 1/28/2008 PETTIITTIONATOYENFORCE WRIT AGAINST PA DEPT OF CORRECTIONS - BY DAVID
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f g 1/29/2008 ORDER - DATED 1/28/08 - IN RE PETTION TO ENFORCE WRIT AGAINST
PENNSYLVANIA DEPARTMENT OF CORRECTION - RULE IS HEREBY ISSUED UPON
RESPONDENT TO SHOW CAUSE IF ANY IT HAS WHY THE RELIEF REQUESTED IN
THE AFORESAID PETITION SHOULD NOT BE GRANTED - RULE RETURNABLE
WITHIN 20 DAYS FROM SERVICE UPON RESPONDENT BY REGULAR MAIL - BY M
L EBERT JR J - COPIES MAILED 1/29/08
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„)?33 2/19/2008 MOTION TO MAKE RULE ABSOLUTE - BY DAVID J LANZA ATTY FOR PLFF
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3y_=35 2/25/2008 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT JEFFREY A BEARD PHD - BY
WILLIAM E FAIRALL JR ATTY FOR JEFFREY BEARD PHD
-------- ---------- ----------- ----- -------- -------------
31p-y? 2/25/2008 -DEPARTMENTO-OFECORRECTIONSN- BBYEWILLIAMGEIFAIRALNJR'LVANIA ----------
L
-----------------------------------------------------
o?fo 2/25/2008 ORDER- - -2/25/-08-IN-RE:-PLFF'S-PETITION-TO-MAKE-RULE-ABSOLUTE- - -THE-
FAILURE OF RESPONDENT TO FILE AN ANSWER THE RULE IS HEREBY MADE
ABSOLUTE - IT IS FURTHER ORDERED THAT RESPONDENT MUST IMMEDIATELY
BEGIN ATTACHING THE WAGES OF DEFT WILLIE WILLIAMS IN ACCORDANCE
WITH THE WRIT OF ATTACHMENT PREVIOUSLY SERVED UPON RESPONDENT AND
PYS511 Cumberland County Prothonotary's Office Page 2
Civil Case Print
2006-03119 WALSH MARTIN (vs) WILLIAMS WILLIE
Reference No... Filed......... 6/01/2006
Case Ty e
d .....: EXEMPLIFIED RECORD Time..;... . 8:55
29 Execution Date 0/00/0000
2075
gmen .
Ju
Judge Ass .
....
igned: EBERT M L JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
t
i
3
gher Cr
1.: 5
1 MDA 2008
Case Comments ------------- H
Hiqher Crt 2.:
EES ARE
WARDED TO PLFF M
'
S PETITION ATTY F
A
ARTIN
ATTACHED TO PLFF
WALSH AND AGAINST RESPONDENT IN THE AMOUNT OF $500.00 - BY M L
EBERT JR J - COPIES MAILED 2/25/08
3/10/2008 -------------------------------------------------------------------
WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF $108.58 FROM
COMMONWEALTH OF PENNSYLVANIA (CHECK #01:113883) FROM DEFENDANT
FORWARDED AND MAILED TO PLAINTIFF MARCH 10, 2008
3/20/2008 ---------------------------------------•----------------------------
NOTICE OF APPEAL - BY WILLIAM E FAIRALL JR DEPTY CHIEF COUNSEL
FOR LITIGATION PA DEPT OF CORRECTIONS
3/24/2008 --------------------------------------------------------------------
WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF $106.14 FROM
COMMONWEALTH OP PENNSYLVANIA (CHECK #56689250) FROM DEFENDANT
FORWARDED AND MAILED TO PLAINTIFF MARCH 24, 2008
-
3/28/2008 --------------------
----------------------------------------------
SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 531 MDA 2008
3/28/2008 -------------------------------------------------------------------
OURT
ORDER //
2 C
O
E
F
APPELLANT
MATTER
IS ORDERED
TO
ABOVE
APPEAL
T
E
T
A
E WITH
E
E
F
5
I
I
L
H
LATERR
AN 4/18/08
EB:ERT JR
- M
L
J
- COPIES
MAILLED
APPEAL NO
ON
3/28/08
4/02/2008 -------------------------------------------------
ORDERED AND
ORDER
3// //
O
O
3:30 PM IN CHAMBERS OF
WILL
BE
TATUS
S
CONFERENCE
CR5 OF THE CUMBERLAND COUNTY COURTHOUSE -- BY M L EBERT JR J -
COPIES MAILED 4/2/08
4/07/2008 ---------------------------------------------------------------------
WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF 108.92 FROM
COMMONWEALTH OF PENNSYLVANIA (CHECK #22 08697489) FROM DEFENDANT
FORWARDED AND MAILED TO PLAINTIFF APRIL 7, 2008
j,$-(;^il
4/17/2008 -------------------------------------------------------------------
LIANED, OF ON APPEAL - BY WILLIAM
OF MATTERS CO
SE STATEM
N
P
CO C
, FOR
E
TY
L
I
4/21/2008 -------------------------------------------------------------------
WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF $106.80 FROM
COMMONWEALTH OF PENNSYLVANIA (CHECK #13808429) FROM DEFENDANT
FORWARDED AND MAILED TO PLAINTIFF APRIL 21, 2008
5/05/2008 -------------------------------------------------------------------
WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF $109.48 FROM
COMMONWEALTH OF PENNSYLVANIA (CHECK #2208705229) FROM DEFENDANT
FORWARDED AND MAILED TO PLAINTIFF MAY 5, 2008
?j._
5/16/2008 --------------------------------------------------------------------
PURSUANT O PA R A P 1925 - 5/16/08 BY M L EBERT JR
JN
R
I
-
MAILED
COPIES
5/16/08
5/19/2008 WRIT OF ATTACHMENT CHECK RECEIVED IN THE AMOUNT OF $104.26 FROM
COMMONWEALTH OF PENNSYLVANIA (CHECK 422 08709075) FORWARDED AND
MAILED TO PLAINTIFF MAY 19, 2008
5/19/2008 -------------------------------------------------------------------TO DAVID J
ZA ESQ AND WILLIAM E
NOTICE
O
D
E
N
R
M
D
IRALL
JR
ESQ
AND
W
ILLIE
WILL
FA
IAMS DEFENDANT
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
* ********** *********************************************************************
* Escrow Information
* Fees & De bits Beg Bal Pymts/Add
End Bal
* ********** *
********************* ******** ****** ******************************
EX RECORD /SAT 10.00 10.00 .00
SATISFACT ION 5.00 5.00 .00
AUTOMATIO N FEE 5.00 5.00 .00
WRIT OF ATTACH 15.00 15.00 .00
APPEAL HI GH CT 48.00 48.00 .00
---
------------------------
---------
83.00 83.00 .00
PYS511 Cumberland County Prothonotary's Office Page 3
Civil Case Print
2006-03119 WALSH MARTIN (vs) WILLIAMS WILLIE
Reference No..: Filed........: 6/01/2006
Case Type.....: EXEMPLIFIED RECORD Time.........: 8:55
Judgment..... 2075.29 Execution Date 0/00/0000
Judge Assigned: EBERT M L JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.: 531 MDA 2008
* End of Case Information Higher Crt 2.:
TRUE C P`,( -E71`RD
in Testimony w,hereo I U:10 cr my hand
and the seal of said Court at Carl;sle, Pa.
This ....0 ......... day 0f ..11!,. Q.11
LA- , ........... J.:
Prothonotary
? w
Superior Court of Pennsylvania
Karen Reid Bramblett, Esq. Nfiddle District lull Pine Street. Suite 400
Harrisburg, PA 17101
Prothonotary James D. McCullough, Esq. October 20, 2008 717-772-1294
Deputy Prothonotary www.superior.court.state.pa.us
Certificate of Remittal/Remand of Record
TO: Mr. Curtis R. Long
Prothonotary
RE: Walsh, M. v. Williams, W. et al
No.531 MDA 2008
Trial Court/Agency Dkt. Number: 06-03119
Trial Court/Agency Name: Cumberland County Court of Common Pleas
Intermediate Appellate Court Number:
Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572
is the entire record for the above matter.
Contents of Original Record:
Original Record Item Filed Date Description
Part May 20, 2008 1
Date of Remand of Record: DW 0120
ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and
returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need
not acknowledge receipt. 44461. /
James D. McCullough, Esq.
Deputy Prothonotary
Signature
Date
Printed Name
.r3 ?:
-{
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1. 564045-08
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
MARTIN WALSH,
V.
WILLIE WILLIAMS,
V.
Appellee
IN THE SUPERIOR COURT OF
PENNSYLVANIA
JEFFREY A. BEARD, Secretary,
Pennsylvania Department of
Corrections,
Appellant
531 MDA 2008
Appeal from the Order Entered February 25, 2008,
Court of Common Pleas, Cumberland County,
Civil, at No. 06-3119
BEFORE: ALLEN, CLELAND and FITZGERALD,* JJ.
MEMORANDUM: FILED: October 20, 2008
Appellant Jeffrey A. Beard, Secretary of the Pennsylvania Department
of Corrections, appeals from the trial court's order requiring him to attach
the wages of Willie Williams and awarding attorney's fees to Martin Walsh as
a result of Appellant's alleged failure to comply with a writ of attachment.
Appellant contends that the trial court lacked personal jurisdiction in the
matter and thus its order was a legal nullity. We conclude that the trial
court erred, as a matter of law, in ordering Appellant to comply with the writ
of attachment and holding Appellant in contempt for failing to comply with
*Former Justice specially assigned to the Superior Court
J,
3. S64045-08
the writ because Appellant was neither named as the garnishee in the writ
nor served with the writ. Accordingly, we vacate the trial court's order.
The trial court detailed the facts and procedural history of this case as
follows:
[This case] finds its origins in a landlord-tenant dispute between
Plaintiff Martin Walsh and Defendant Willie Williams. A judgment
was entered against Defendant [Williams] for nonpayment of
rent for, or damage to, residential property rented from Plaintiff
[Walsh]. Defendant [Williams] was served by Deputy Sheriff
Gerald N. Worthington of Cumberland County, Pennsylvania,
with the Notice of Intent to Attach Wages on December 5, 2006,
at the State Correctional Institution in Camp Hill, Pennsylvania,
where Defendant [Williams] is employed. [See Pa.R.C.P. 3302.]
Pursuant to the judgment against Defendant [Williams],
Defendant [Williams'] employer, the Pennsylvania Department of
Corrections, was notified, via a Cumberland County
Prothonotary-issued Writ of Attachment, to garnish Defendant
[Williams'] wages to fulfill the $2,075.29 judgment (plus costs).
[See Pa.R.C.P. 3304.] This notification was sent May 25, 2007.
On July 29, 2007, Counsel for Plaintiff [Walsh], David Lanza,
sent a letter to the Pennsylvania Department of Corrections
requesting that the Department complete the attachment
paperwork which had been forwarded by the Cumberland County
Prothonotary[.] The letter was addressed to ["Sir or Madam"]
and sent to the State Correctional Institute [] in Camp Hill.
[Brief for Appellant, Ex. A15.] Since the letter was sent on July
29, 2007, no wages have been forwarded to the Prothonotary as
required under the Writ of Attachment. Furthermore, Attorney
Lanza never received any reply regarding his request.
On January 28, 2008, Plaintiff [Walsh filed a petition requesting]
that this Court enter an order under which [Appellant] would be
required to immediately begin attaching Defendant [Williams']
wages. Plaintiff [Walsh] also requested that the Court find
[Appellant] in contempt of the Court's Writ of Attachment and
award attorney's fees to Plaintiff [Walsh.] On January 28, 2008,
this Court issued a Rule upon [Appellant] to show cause as to
why Plaintiff [Walsh's] request for relief should not be granted
and making the Rule returnable within 20 days from service
-2-
I. S64045-08
upon [Appellant] by mail. [Appellant] did not respond to either
the Petition or the Order.
Due to [Appellant's] failure to respond to Plaintiff [Walsh's]
Petition or this Court's Order, on February 25, 2008, this Court
entered an Order making the Rule absolute. The order further
required [Appellant] to immediately begin attaching Defendant
[Williams'] wages in accordance with the Writ of Attachment.
Attorney's fees were awarded to Plaintiff [Walsh] and against
[Appellant] in the amount of $500.00. [Appellant, however,
filed] a response to Plaintiff [Walsh's] Petition to Enforce the Writ
against the Pennsylvania Department of Corrections on the same
date as the Court's Order making the Rule absolute.
Trial Court Opinion (T.C.O.), 5/16/08, at 1-3.
In his response to Plaintiff Walsh's petition to enforce the writ,
Appellant argued that the trial court lacked personal jurisdiction over him
because he never received service of the underlying writ of attachment,
which named the Pennsylvania Department of Corrections as the garnishee.
Appellant further argued that after the prothonotary served the writ on the
Department of Corrections, Plaintiff Walsh unilaterally substituted Appellant's
name for the Department of Corrections as the defendant on the petition to
enforce the writ. According to Appellant, Plaintiff Walsh's unilateral
substitution was ineffective to confer personal jurisdiction on the trial court
because Appellant was never served with the underlying writ. In its
Pa.R.A.P. 1925(a) opinion, the trial court conceded that it "likely" lacked
personal jurisdiction over Appellant. T.C.O., 5/16/08, at 4-5. Nonetheless,
the trial court found that the Department of Correction's failure to properly
respond to the writ of attachment, in conjunction with Appellant's failure to
- 3 -
J. S64045-08
properly file a response to Plaintiff Walsh's petition to enforce the writ and
the trial court's rule to show cause, were a sufficient basis to justify its
order. T.C.O., 5/16/08, at 4-6.
On appeal to this Court, Appellant raises the following issues for
review:
I. WHETHER THE TRIAL COURT LACKED JURISDICTION OVER
THE PERSON OF SECRETARY OF CORRECTIONS JEFFERY A.
BEARD AND THUS HAD NEITHER JURISDICTION TO
ORDER THE SECRETARY TO ATTACH WAGES NOR TO
AWARD ATTORNEY FEES AGAINST HIM[?]
II. WHETHER THE TRIAL COURT'S CONCLUSION THAT
DESPITE ITS ACKNOWLEDGED LACK OF JURISDICTION
OVER SECRETARY BEARD THAT RESPONDENT'S BEHAVIOR
DEMANDS THAT ATTORNEY FEES SHOULD BE AWARDED
AGAINST RESPONDENT IS MISPLACED[?]
Brief for Appellant at 10.
Appellant's issues on appeal are co-dependent and we address them
together as one single issue. Appellant essentially contends that because he
was not named as the garnishee in the underlying writ or served with the
writ, the trial court had no legal basis upon which to order him to comply
with the writ and to hold him in contempt for failing to comply with the writ.
Brief for Appellant at 14-16. Without addressing the issue of personal
jurisdiction, we conclude that the trial court committed legal error in finding
that Appellant had a legal duty to comply with the writ of attachment.
Under Pa.R.C.P. 3302, a plaintiff can commence an execution to attach
wages by filing a praecipe with the prothonotary and serving a Notice of
-4-
1. S64045-08
Intent to Attach Wages upon the defendant. Pa.R.C.P. 3302(a), (c).
Pursuant to Pa.R.C.P. 3304(a), the prothonotary shall issue a writ for the
attachment of wages if the defendant does not claim an exemption of wages
from attachment or is unsuccessful in claiming an exemption. Pa.R.C.P.
3304(a). In executing the writ for attachment, however, "[t]he
prothonotary shall by ordinary mail send the writ to the garnishee and to the
defendant." Pa.R.C.P. 3304(b). A "garnishee" is defined by the civil rules as
"the employer of the defendant." Pa.R.C.P. 3301(b).
In this case, Plaintiff Walsh praeciped for a writ of attachment and
named the Pennsylvania Department of Corrections as the employer and
garnishee of Defendant Williams. Brief for Appellant at Exhibit A12. The
record indicates that Appellant was not named in the writ of attachment nor
was he personally served in his official capacity with the writ. Id.
Therefore, Appellant was not the named employer or garnishee of Defendant
Williams and, as a matter of law, did not have a legal duty to comply with
the writ. On January 28, 2008, Plaintiff Walsh served a petition to enforce
the writ on Appellant. Because Appellant was not named in the underlying
writ and served with it, he was not the "real party in interest" in the
enforcement action. See Jefferson Bank v. Morris, 639 A.2d 474, 477
(Pa. Super. 1994) (stating that the court must consider whether the alleged
garnishee is in fact the employer of the judgment creditor). Consequently,
the trial court committed legal error in ordering Appellant to comply with the
-5-
J. S64045-08
writ and in finding Appellant in contempt for failing to comply with the writ.
For this reason, and in consideration of the applicability of sovereign
immunity, we vacate the trial court's order. See Pawber v. Cohen, 532
A.2d 429, 433 (Pa. 1987) (stating that sovereign immunity bars actions
against state officials that seek to compel affirmative action and/or money
damages). In passing, we note the possibility that Plaintiff Walsh may file a
mandamus action against the Department of Corrections seeking to compel
the agency, as the named employer and garnishee of the writ, to attach
Defendant Williams' wages. See generally McGriff v. Commonwealth,
Pennsylvania Bd. of Probation & Parole, 561 A.2d 78 (Pa. Cmwlth.
1989). We, however, do not express any view on the merits of such a case.
For the above-stated reasons we vacate the trial court's order.
Order VACATED; Jurisdiction RELINQUISHED
Judge Cleland Concurs in the Result.
Judgment Entered:
CA"
e uty Prothonotary
October 20, 2008
Date:
-6-
Apm
fit..
• CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Martin Walsh
vs.
Willie Williams
2006-3119 Civil
531 MDA 2008
• The documents comprising the record have been numbered from No.l to 70, and attached
hereto as Exhibit A is a list of the documents correspondingly numbered and identified
with reasonable definiteness, including with respect to each document, the number of
pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 05/19/2008 .
Cu is R. Lo rot otary
Regina Le o
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Date Signature & Title
,l. McCullough Received in Superior Court
• .~~
MAY 2 0 2008
MIDDLE