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HomeMy WebLinkAbout07-5773COMMONWEALTH OF PENNSYLVANIA OOTICE OF JUDGMENTNRANSCRIPT COUNTY OF: CUMBERLAND ©?-j?73 RESIDENTIAL LEASE Mag. Dist. No.: MDJ Name: Hon. 09-3-04 THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Teephone: (717 ) 761-8230 17050 PLAINTIFF: NAME and ADDRESS rROBERT MORRIS PROPERTIES 231 REAR BAST MAIN ST SHIRZKANSTO"N, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS IUCHEY, SHAINNON A, ET AL. 9 STONE SPRING LADE CAMP HILL, PA 17011 ROBERT MORRIS PROPERTIES L J 231 REAR EAST MAIN ST Docket No.: LT-0000275-07 SHIREMANSTOWN, PA 17011 Date Filed: 4/26/07 THIS IS TO NOTIFY YOU THAT: Judgment: - . FOR _ PLAINTIFF S Judgment was entered for: (Name) ROBERT MORRIS PROPER, TIES - Judgment was entered against AUCMM, SHAINNON A in a ® Landlord/Tenant action in the amount of $ 2,905.50 on 5/08/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 825.00 Total Amount Established bg MDJ Less. Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 2, 550.00-$ .00= $ 2,550.00 Physical Damages Leasehold Property $ .00-$ .00= $ .00 " Damages/Unjust Detention $ _ o0 - $ _ 00= $ -00 Less Amt Due Defendant from Cross Complaint - $ --.A0 Interest (if provided by lease) $ 231.00 L/T Judgment Amount $ 2,781.00 ? Attachment Prohibited/ Judgment Costs $ 124 _ 50 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 ? This case dismissed without prejudice. Total Judgment $ 2,905.50 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no sa Is le by time o eviction. ? Possession not granted. ? Defendants are jointly and severally liable. -- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUt)GIVIENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE'. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. >-U8 07 Date _ certify that this is a true ? 46--07 Date MXr commission expires first Monday of January, 2010 AO C 315A-06 rial District Judae e juagmeni. Magisterial District Judge SEAL COMMONWEALTH OF PEf NSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT .COUNTY of: CUMBERLAND RESIDENTIAL LEASE Mag. Dist. No.: 1 :PLAINTIFF; NAME and ADDRESS . 09-3-04 FROBERT MORRIS PROPERTIES MDJ Name. Hon. 231 REAR EAST MAID ST TROMAS A. PLACRY SHIREMANSTOWN, PA 17011 Address -104 S 'SPORTING HILL:. RD L J MECHANICSBORG, PA VS.: DEFENDANT: NAME and ADDRESS Telephone (717) 761-8230 17050 fAUCHEY, SHAINNON A, XT AL. -7 9 STONE 'S'PRING LANG CAMP HILL, PA 17011 ROBERT MORRIS PROPERTIES L -) 231 REAR EAST MAIN ST Docket No.: LT-0000275-07 SHIREMANSTONN, PA 17011 Date Filed: 4/26/07 THIS IS TO NOTIFY YOU THAT: Judgment;._._ FOR?AINTIFF a Judgment was entered for: ??? (Name) ROBERT MORRIS PROPkk _1'ILS Judgment was entered against GRAY, KRISTIN M in a ® Landlord/Tenant action in the amount of $_ 2, 905.50 on 5/08/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 825.00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 2, 550.00 - $ .00 = $ 2,550.00 Physical Damages Leasehold Property $ .00-$ . 00= $ .00 Damages/Unjust Detention $ 00 _ $ 00= $ 00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by ease) $ 23 i 00 UT Judgment Amount $ 2,787 _ 00 Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § $127 $ 124.50 Attorney Fees $ _ n0 F This case dismissed without prejudice. Total Judgment $ 2,905.50 Possession granted. Post Judgment Credits $ Post Judgment Costs $ F -1 Certified Judgment Total $ x Possession granted if money judgment is no sa Is ie by time o eviction. Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL•FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS ?RUWtbft,F ROM THE COURT OP COMMON PLEAS AND NO FURTHER. PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON'PLEAS, ANYONE INTERESTED II?`? ?UBGft-NITS `1 E A REQUEST FOR: ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE,JUDGA?N'TBT-OR,pJYS?UL'? $ETTLES,'OR OTHERWISE COMPLIES WITH THE JUDGMENT. ; t Date .Magisterial Distrlct'Judge certi y that this is a true an c rrect copy o t,,_gvrQ.r_ o t e roc peding8 containing the u r r - Date Magisterial District Judge Mir commission expires first Monday of January, 1010 AO C 316A-06 SEPAL ROBERT MORRIS PROPERTIES, Plaintiff V. SHAINNON A. AUCHEY and KRISTIN M. GRAY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAGISTERIAL DISTRICT JUDGE DOCKET NOS. LT-0000275-07 NO. CIVIL ACTION CERTIFICATE OF SERVICE TO CURTIS LONG, PROTHONOTARY: The undersigned attorney for Plaintiff, Jennifer B. Hipp, Esquire, certifies pursuant to Pa.R.C.P. 237 that on September 21, 2007, a copy of the attached Praecipe for Entry of Judgment was mailed by first class mail postage prepaid to the following: Shainnon A. Auchey 9 Stone Spring Lance Camp Hill, PA 17011 and Shainnon A. Auchey c/o Kristin M. Gray 1103 Gunstock Lane Mechanicsburg, PA 17050 Kristin M. Gray 1103 Gunstock Lane Mechanicsburg, PA 17050 Date: September 21, 2007 JE R . HIPP, ESQUIRE 1 West ain Street Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 86556 Attorney for Plaintiff Robert Morris Properties C? ? ? ? ? ? ?:-? r?7 ~? c__ ? , ?-? ' . ?=, ?.? (D ? t _ ? -, _O C,? ? -'i - C'1 s -i . . ?,? -ti _s ROBERT MORRIS PROPERTIES, Plaintiff V. SHAINNON A. AUCHEY, and KRISTIN M. GRAY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. G7"5 773 CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter (1) Against KRISTIN M. GRAY, Defendant, and (2) the Cumberland Valley School District, Employer of Defendant KRISTIN M. GRAY. Date: September 21, 2007 0 JR ?JFER B. HIPP, ESQUIRE 1 We t Main Street Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 86556 Attorney for Plaintiff Robert Morris Properties, Judgment Creditor-Landlord C7 c -V LZ ca cn xa cn ROBERT MORRIS PROPERTIES, Plaintiff V. SHAINNON A. AUCHEY, and KRISTIN M. GRAY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 6-773 CIVIL ACTION CERTIFICATION BY JUDGEMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment-creditor is Robert Morris Properties, 231 Rear East Main Street, Shiremanstown, Pennsylvania 17011. 2. The defendant judgment-debtors are Shainnon A. Auchey, whose last known address is 9 Stone Spring Lane, Camp Hill, Pennsylvania 17011, and Kristin M. Gray, whose address is 1103 Gunstock Lane, Mechanicsburg, Pennsylvania 17050. 3. The employer garnishee is Cumberland Valley School District, 6746 Carlisle Pike, Mechanicsburg, Pennsylvania 17050, employer of Defendant Kristin M. Gray. 4. The judgment arises out of a residential lease for the premises at 9 Stone Spring Lane, Camp Hill, Pennsylvania 17011. 5. (a) The amount of the judgment is $4,078.00. (b) A security deposit in the amount of $825.00 is being held by the judgment creditor-landlord. This security deposit has not been applied to payment of rent due on the same premises for which the judgment has been entered. (c) The Defendants have not paid any money towards the satisfaction of the judgments. 6. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered in an action brought before a magisterial district judge. .PW 8. The judgments were entered in a civil action (Pa.R.C.P.M.D.J. 301 et. seq.) Before a magisterial district judge, copies of the complaints filed with the magisterial district judge are attached to this Notice as Exhibit "A", showing that the action arose from a residential lease. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: S_epfem6Py' ?11'2001 ( WIA_60? Melanie M. Klein Judgment Creditor-Landlord C) r an, ci ni- era CIO r V. ROBERT MORRIS PROPERTIES, Plaintiff V. SHAINNON A. AUCHEY, and KRISTIN M. GRAY, Defendants . NO. / U-7_ 5773 CIVIL ACTION NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by Sheriff) A judgment has been entered against you in court for nonpayment of rent for, or damages to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines - Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guideline is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 r' Y Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines for 2007 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 2007 are set forth in the following chart: 2007 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit Poverty Guideline Monthly Amount 1 $850.83 2 1,140.83 3 1,430.83 4 1,720.83 5 2,010.83 6 2,300.83 7 2,590.83 8 2,880.83 For each additional person, add 290.00 -1- _ V co FT, r_ N CTt 113 s ROBERT MORRIS PROPERTIES, Plaintiff V. SHAINNON A. AUCHEY, and KRISTIN M. GRAY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-05773 CIVIL ACTION PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON KRISTIN M. GRAY To CURTIS LONG, PROTHONOTARY: Please issue a Writ of Attachment of Wages, Salary or Commissions of Defendant, KRISTIN M. GRAY. Ms. Gray's employer is the Cumberland Valley School District. Ms. Gray was served with a Notice of Intent to Attach Wages by Deputy Sheriff on October 25, 2007. Defendant Gray has not timely filed a claim for Exemption of Wages from Attachment. A copy of the Cumberland County Deputy Sheriff's Return of Service is attached hereto as Exhibit "A". DATE : ? L4 I 6? A2?1I JE I ER B. HIPP, Esquire Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 SHERIFF'S RETURN - REGULAR L . • CASE NO: 2007-05773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBERT MORRIS PROPERTIES VS AUCHEY SHAINNON A ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon GRAY KRISTIN M DEFENDANT the a at 2035:00 HOURS, on the 25th day ofs October , 2007 at 1103 GUNSTOCK LANE MECHANICSBURG, PA 17050 by handing to CAROL TRABOLD, MOTHER a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Postage .58? Surcharge 10.00 R. Thomas Kline .00 39.14 10/26/2007 JAMES BOGAR / Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. EXHIBIT . 10 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON KRISTIN M. GRAY upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Cumberland Valley School District 6747 Carlisle Pike Mechanicsburg, PA 17050 Kristin M. Gray 1103 Gunstock Lane Mechanicsburg, PA 17050 Date: '- ? r Jenn'f r B. ipp, Esquire Pa. I. . No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 2 C1 rv {J a Robert Morris Properties VS Kristin M. Gray, Employee TO: Cumberland Valley School District 6747 Carlisle Pike Mechanicsburg, Pa. 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 07-5773 -Civil Term 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 $2,905.50 (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: Robert Morris Properties 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 (1) 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: Kristin M. Gray 1103 Gunstock Lane Mechanicsburg, Pa. 17050 Any questions should be directed to the Plaintiff-Creditor: Jennifer B. Hipp, Esquire One West Main Street, Shiremanstown, Pa. 17011 (717) 737-8761 Date: 12//04//07 / PZIA,?. ' Curtis R. Long, Prothonotary ?• Costs: $90.39 By Deputy: You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: Date: I have received a Writ of Attachment in the following case: Plaintiff No The following person, Or is no longer and employee (__) of Year has never been (__j Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy v. Defendant (Seal of the Court) SHERIFF'S RETURN - REGULAR CASE NO: 2007-05773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBERT MORRIS PROPERTIES VS AUCHEY SHAINNON A ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon nV'LV VV T C7TNT M the DEFENDANT , at 2035:00 HOURS, on the 25th day of October , 2007 at 1103 GUNSTOCK LANE MECHANICSBURG, PA 17050 by handing to CAROL TRABOLD, MOTHER a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Postage .58 Surcharge 10.00 .00 3 .9.14 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/26/2007 JAMES BOGAR By: Deputy Sheriff A. D.